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(영문) 춘천지방법원 2015.07.23 2014고단853
배임등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 2, 2013, the Defendant entered into a sales contract with the victimJ to sell five parcels of land of which the size is 1.0 billion won (including debt acquisition amount of KRW 65 million) in the name of the victim, namely, Hongcheon-gun E-gun, Hongcheon-gun, 918 square meters in the name of the Defendant, and 197,598 square meters in F forest, G forest, 57,917 square meters in the name of 57,917 square meters in the name of G forest, H trees 7,427 square meters in the name of 30,942 square meters in the same military, and between the victimJ and the victim.

(1) The Defendant, on April 25, 2013, transferred the land of this case to L by mutual agreement. On April 25, 2013, the Defendant received KRW 350 million, excluding KRW 650,000,000,000,000 from the victim as the contract deposit and intermediate payment for the remainder other than KRW 650,000,000,000,000 that the victim decided to succeed to the obligation pursuant to the above sales contract. The Defendant, in the process of completing the registration of ownership transfer of each of the instant real estate of this case and each of the instant land of Hongcheon-gun, Hongcheon-gun, Seocheon-gun, and 501.2 square meters (hereinafter “each of the instant livestock pens”), a building not registered for the transfer of ownership, was unable to submit the certificate of a stable of each of the instant livestock pens, and completed the registration of ownership transfer in the future.

After that, around November, 2013, when there was a dispute over the payment of the purchase price, there was a delay in the registration of ownership transfer with respect to each livestock shed of this case. In other words, the defendant first completed the registration of ownership transfer with respect to each livestock shed of this case between the victim and the defendant, and instead, the victim entered into an agreement with the financial institution as security to obtain a loan from each livestock shed of this case and pay 60 million won to the defendant additionally. In order to perform the obligation of prior transfer registration, on November 27, 2013, the defendant left the power of delegation necessary for the registration of ownership transfer of each livestock shed of this case and the certificate of personal seal impression to a certified judicial scrivener office.

Nevertheless, it is not possible.

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