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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2015 Highest 2887] The defendant is a partner of D, the representative director of C, a corporation established for the purpose of the enforcement business, etc., who actually operated the above company and sold the building Incheon Seo-gu E.
The Defendant concluded a fund management agency contract with the trust company, KF real estate trust company, and FF company, deposited the sale price, etc. in the account opened in the name of KF real estate trust, and managed the funds by the company, but sold the G I apartment 1 unit 602 unit, Seo-gu, Incheon, Seo-gu, Incheon, but it could not be registered due to legal problems. On September 5, 2013, 201, the Defendant prepared a sales contract with H on April 8, 2014, to H, which was the seller of the E apartment 1 and 306 unit 1 and 306 unit 306 unit 30, the seller, and F as the contractor.
However, Article 1 (2) of the sales contract for the above 801 and 306 provides that "The sales price under paragraph (1) shall be deposited in the account designated below (the national bank under the name of the K non-real estate trust) and shall not be recognized to pay the sales price by means other than deposit accounts, such as direct payment of the sales price to the seller, etc." In the case of the sales price, the above 801 and 306 stipulated that "the sales price under paragraph (1) shall be valid, and it shall not be recognized to pay the sales price by means other than deposit accounts," so it shall be allowed to receive the transfer of ownership from the above G where it is impossible to register the transfer of ownership for the above 801 and 306, and it shall be noted that Article 1 (2)
1. On September 2014, the Defendant’s presentation to K without authority for the purpose of exercising at the office of a stock company located in the Seo-gu Incheon, Seo-gu I, 302, in the remarks column of the sales contract No. 801 and 306 of the existing E building in the form of a black pen in the remarks column of the sales contract No. 801 and 306.