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(영문) 대전지방법원 2018.09.19 2017노2373
배임
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

The gist of the grounds for appeal is as follows: (a) the Defendant did not receive an intermediate payment of the sales contract (hereinafter “instant sales contract”) with respect to F forest land 31,631 square meters (hereinafter “instant land”) from the injured party, and the Defendant did not have a duty to cooperate with the registration; and (b) the Defendant’s duty to register the ownership transfer of the instant land is the Defendant’s own business; and (c) the Defendant’s duty to register the ownership transfer of the instant land is the Defendant’s own business.

At the time of the establishment of the provisional registration, the sales contract of this case was lawfully rescinded, or in full view of all the circumstances, the defendant was lawfully rescinded.

Since there was a considerable reason to believe, there was no intention in breach of trust on the part of the defendant.

The above sentence (one year and six months of imprisonment, three years of suspended execution, and 120 hours of community service order) committed by the court below which the court below unfairly sentenced the defendant is unfair because it is too uneasible.

The above-mentioned sentence that the court below decided against the defendant is too unhued and unfair.

Judgment

Whether a person constitutes “a person who administers another’s business” as to the Defendant’s assertion of mistake of fact or misapprehension of the legal doctrine, or at the stage of paying the down payment only in a real estate sales contract, a party or a down payment may freely be relieved of the binding force of the contract by waiver

However, when the contract is fully implemented due to the payment of intermediate payment, etc., the seller cannot escape from the duty to transfer the ownership of real estate to the buyer unless the contract is revoked or rescinded.

Therefore, when it comes to this phase, the seller cooperates with the buyer in the preservation of the buyer's property and is in a fiduciary relationship to protect and manage the buyer's property interest.

From that time, the seller shall be deemed to fall under the “person who administers another’s business” as stated in the crime of breach of trust.

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