(영문) 대구지방법원 2016.01.22 2015노4406 | 리걸엔진

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(영문) 대구지방법원 2016.01.22 2015노4406

배임등

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All appeals by the prosecutor and the defendant are dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Fact-misunderstanding (as to the crime of perjury in this case), the Defendant appeared as a witness of the case for requesting the delivery of a building (Seoul Eastern District Court 2014Kadan 7064, Oct. 8, 2014) on October 8, 2014, and stated as stated in the judgment of the court below, but this did not constitute a false statement contrary to memory.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The following facts and circumstances are acknowledged according to the evidence duly adopted and examined by the lower court on the Defendant’s assertion of mistake of facts (as to the crime of perjury in this case).

1) On March 9, 2012, the Defendant, in the name of G, the head of G, received the purchase price of KRW 294,85,00 from the Korea Land and Housing Corporation, KRW 294,85,00,00, and KRW 2412,402, Dong 402, Songpa-gu, Seoul (hereinafter “the apartment of this case”). On the same day, the Defendant concluded an agreement with J as follows (see Articles 3, 37, and 50, the investigation record, see Articles 37 through 50, and each contract, etc. drafted at the time, are included as G, the head of the Defendant, as the unit or seller of the apartment of this case, but the actual contracting party is the Defendant using his name). ① On March 9, 2012, the Defendant received the purchase price of the apartment of this case from J on March 9, 201 and sold the remainder of KRW 304,85,000,00 on the date of the sale price.

(2) The buyer shall pay his/her liability for the secured loan for an apartment that is provided under the name of the seller.

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