특정경제범죄가중처벌등에관한법률위반(배임)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 18, 2013, the Defendant entered into a sales contract with the victim G and the Defendant’s “Woo-gu Ma, Ansan-si and I forest 2 lots.”
On the date of the contract, the Defendant and the victim agreed to exchange KRW 60 million with the remainder of KRW 290 million in exchange for documents necessary for the registration of transfer of ownership of each of the above forests and fields and for the completion of the construction and payment of the road after obtaining permission to open access roads for each of the above forests and fields on December 30, 2013 (hereinafter “the first sales contract”).
According to the first sale and purchase contract, the Defendant immediately extracted down payment of KRW 60 million from the injured party. On November 20, 2013, the first installment payment of KRW 200 million and the second part payment of KRW 30 million on December 30, 2013, the Defendant entered into a new contract with the injured party via D delegated by the Defendant, upon failing to obtain road construction permission. On July 24, 2014, the said F Authorized Brokerage Office entered into a sale and purchase contract with the injured party for “Yyang-gu I and J Forestry Two parcels” (hereinafter “the second sale contract”).
The Defendant and the victim paid the down payment of KRW 60 million in the first sale contract, the intermediate payment of KRW 230 million in the second sale contract, and the down payment and the intermediate payment of KRW 240 million in the second sale contract. On September 30, 2014, the Defendant and the victim exchanged the remainder of KRW 240 million in exchange for documents and reimbursement necessary for the registration of transfer of ownership of each forest.
Since the Defendant received down payment of KRW 60 million and intermediate payment of KRW 230 million from the injured party, on September 30, 2014, at the same time, the remainder payment was received and the victim performed the registration procedure for the transfer of ownership of the said forest.
In violation of the above duties, the defendant is at the registry office located in the Mayang-gu, Mayang-si on October 20, 2014.