logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2013.05.22 2012고단969
배임
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2011, the Defendant entered into a sales contract for forest E, Young-gun, Gangwon-gu, Seoul Special Metropolitan City, the Defendant owned by the Defendant, with the victim D, with the purchase price of KRW 350 million. The details of the purchase price are KRW 250 million. The victim assumes the obligation for KRW 250 million as to the secured claim for the registration of creation of a neighboring community credit cooperative under the name of the Young-gu Saemaul credit cooperative, which was established on the said forest, and paid the remainder of the purchase price, KRW 2 million on the date of the contract, and KRW 187 million out of the intermediate payment and the remainder on February 21, 201, and KRW 18.7 million out of the remainder on February 25, 2011, at the same time, the collateral security is established for the remainder of KRW 20 million in the name of the Defendant.

(1) Of the remaining amounts, the Defendant paid 9.3 million won to the victim until May 30, 201). In accordance with the agreement, the Defendant received KRW 2 million from the victim immediately, and received KRW 18.7 million out of the intermediate payment and the remainder on February 21, 2011. As such, on February 25, 2011, the obligation to register the establishment of a neighboring mortgage was created, and at the same time, to implement the procedures for the registration of the ownership transfer of the said forest.

On October 20, 2011, the Defendant violated the foregoing duties, sold the forest land of KRW 750 million to G of the agricultural company from the Won-si around October 20, 201, and completed the registration of ownership transfer with respect to the said forest land to the said limited company on October 24, 201.

As a result, the Defendant acquired property gains equivalent to KRW 5 million after deducting KRW 2550 million from the secured debt amount of the existing mortgage creation registration at KRW 350 million in the real estate market price, and sustained damages equivalent to the same amount as the victim.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Each legal statement of witness D and H;

1. Each prosecutor's statement to I and J;

1. Contracts, .

arrow