logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2013.03.20 2012고단1020
배임
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

B obtained the right of representation to conclude sales contracts from Defendant A with respect to the land of Kimpo-si E and F (hereinafter “instant land”) owned by Defendant A, and entered into a sales contract with the victim and buyer at the home of the victims of the H General Assembly International church G located in Incheon Reinforcement-gun on June 17, 2011.

After the conclusion of the above sales contract, Defendant A received KRW 10,000,000 as the down payment on June 17, 201, Defendant B received KRW 10,000,000 as the intermediate payment, and Defendant B received KRW 10,000,000 as the intermediate payment on June 24, 201, and KRW 10,000 on June 28, 2011, and KRW 20,000,00 on July 12, 2011, the Defendants, the buyer, had a duty to complete the registration of ownership transfer of the instant land to the International Association of H General Meeting.

Nevertheless, the Defendants, on the basis of the fact that the ownership of the instant land is under the name of the Defendant A, set up a collateral security additionally, borrow money from the Defendant, offered to use it in installments, and set up a collateral security with the maximum debt amount of KRW 150,000,000 from K around July 22, 2011, with the loan of KRW 150,000 from K as well as KRW 650,000 with the land of this case as the mortgagee K.

As a result, the Defendants conspired to acquire property benefits equivalent to KRW 257,00,000 in the purchase price, and caused damages equivalent to the same amount to the victims.

Summary of Evidence

1. Defendants’ respective legal statements (the second court date)

1. Statement of the police concerning L;

1. A real estate sales contract;

1. A certified copy of the register;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the details of transactions of Nonghyup Bank accounts in the name of Maga Association);

1. The Defendants’ relevant legal provisions on criminal facts and choice of punishment: the fact that the Defendants’ reasons for sentencing under Articles 355(2) and (1) and 30 (Selection of Imprisonment) of the Criminal Act reflects the wrongness of the Defendants is the sentencing materials favorable to the Defendants. However, the fact that the Defendants did not agree with the victims and that the amount of actual damage was 50 million won (based on the amount of profit in the sentencing guidelines) is one of the most favorable sentencing materials.

arrow