Text
All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the acquittal portion of the lower judgment’s judgment, the Defendant N merely agreed to the Defendant’s act of violating the duties, with the knowledge of the establishment of a right to collateral security, for the purpose of acquiring the full ownership of the land for which the Defendant entered into a sales contract.
Since it cannot be seen, the criminal defendant's breach of trust is recognized.
Although the court below found the defendant not guilty of this part of the facts charged, it erred by misunderstanding the facts and affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unhued and unfair.
B. The sentence imposed by the Defendant by the lower court is too unreasonable.
2. Determination
A. On April 25, 2014, the Defendant established D Co., Ltd. (Capital 1,00,000,000) which is the main office of the Daegu-gu building and C building and 502, real estate sales agency and consignment sales business, etc., and appointed as the representative director. After employing about 20 employees on the pre-determined land, the Defendant sold the difference at a price equivalent to twice the pre-determined land by dividing the pre-determined land and selling the difference at a price equivalent to twice the pre-determined land. However, the Defendant did not have much capital and was in a situation where the funds were not sufficient.
On May 26, 2015, the Defendant concluded a sales contract with the owner F and the owner F and paid only the down payment (50,000,000) (50,000), and concluded a sales contract for the said land at KRW 578,00,000 on September 9, 2015.
In such a situation, the Defendant entered into a contract with the victim N on September 2, 2015, under which he/she was found to have a person to purchase the said land in installments, to sell 482 square meters (482 square meters (land size, E after subdivision) of the said land, and to sell the said land until March 30, 2015.