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(영문) 창원지방법원 2019.03.13 2019고정35

배임

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 20, 1997, the Defendant entered into a real estate sales contract with the content that he sells the land of KRW 149 square meters in the window E, 126 square meters in the name of the Defendant’s father-si, who died on December 20, 1997, to G with the victim of KRW 7 million. On the same day, the Defendant received the down payment of KRW 1 million and KRW 6 million in the remainder from the victim around February 10, 1998. As such, the Defendant had a duty to implement the procedures for the registration of ownership transfer to the victim.

On September 16, 2010, the Defendant, in violation of such duty, sold the above land to H for KRW 14.5 million in a frequency where the trade name in Gangseo-gu Busan Metropolitan City is unknown. On the same day, the Defendant completed the registration of ownership transfer of the above land to H on the same day.

In this respect, the defendant acquired property benefits equivalent to KRW 14.5 million, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G, I, J, K, L, and M;

1. A complaint;

1. Application of the photographic Acts and subordinate statutes;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the following circumstances are determined as follows: (a) comprehensively taking account of the Defendant’s age, character and conduct, family relationship, the amount of profit from breach of trust in this case (around 14.5 million won); (b) details and circumstances of the instant crime; and (c) circumstances after the instant crime.

D. Unfavorable circumstances: The responsibility for the crime of this case, which has been sold to a third party of the real estate already sold to the victim, is not weak.

Defendant did not take proper measures to recover damage on his own.

(A) The injured party filed a civil suit against the accused, etc. and received a favorable judgment, and thereby acquired the ownership of each land of this case). favorable circumstances: The accused is the instant case.