(영문) 부산지방법원 2013.05.31 2013노155 | 리걸엔진

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(영문) 부산지방법원 2013.05.31 2013노155

횡령등

Text

The judgment below

The guilty part shall be reversed.

Defendants shall be punished by imprisonment for eight months.

However, the defendant B.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the Defendants (one year of imprisonment) is too unreasonable.

B. As to the part of the judgment of the court below regarding the violation of trust against the victim F in the mistake of facts, the court below found the victim not guilty of this part of the facts charged on the ground that it is insufficient to view that the victim had delegated the purchase of the land of this case to the defendants, and even though the victim entrusted the purchase of the land of this case to the defendants, and paid the purchase money equivalent to the purchase price, the defendants had arbitrarily completed the registration of transfer of ownership under the name of the defendant A without doing so, thereby taking property benefits equivalent to 63.2 million won which are the market price of the land of this case, and even though the victim had suffered damage equivalent to the same amount to the victim, the victim did not have delegated the purchase of the

B. The sentence imposed by the lower court on the Defendants (one year of imprisonment) is too uneasible and unfair.

2. Determination

A. (1) On August 3, 2011, the Defendants conspired to purchase each of the lands of Gangseo-gu, J, and M (hereinafter referred to as “land 1 through 3”) from the victim F and decided to purchase the land 1 through 30 million won from the I’s house located in P in the Geum-gu P, Busan from August 3, 201. However, on the other hand, the Defendants drafted a multi-purpose sales contract stating the purchase price as KRW 250 million.

After all, the Defendants made a sales contract with regard to the above H and J land (hereinafter “the first and second land”) upon request of I in early September 201, 201, stating that I sold KRW 250 million to the victim. As to the third land of this case, I drafted a sales contract with the content that I sold KRW 40 million to A, respectively.

In addition, the Defendants on September 201.

유사 판례

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