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(영문) 제주지방법원 2018.03.23 2017고정486
배임
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant operates a certified broker office as a certified broker C.

On December 28, 2015, the Defendant stated the E indictment in the E indictment jointly owned by the Defendant and D as “F” but appears to be a clerical error.

Large-scale 484 square meters and single-story housing owned by the Defendant on the ground (hereinafter collectively referred to as “instant real estate”) concluded a sales contract to sell the instant real estate to victims G and H for KRW 400 million, and received KRW 25 million out of the down payment of KRW 30 million on the day, and KRW 5 million on May 2, 2016, respectively.

On June 7, 2016, June 11, 2016, which is the date of purchase again designated by the agreement of the parties to the transaction, the victim G, a purchaser of around 11:00, prepared the balance of KRW 370 million and met the defendant at the Jeju District Court's office near the Jeju District Court, which is the designated place.

At that place, the victim G would pay the balance of KRW 230 million to the Jeju Livestock Industry Cooperatives, including loans, etc. to the Defendant’s Jeju Livestock Industry Cooperatives that offered the instant real property as security, only KRW 140 million.

The proposal was proposed.

However, if the defendant pays the balance in full, he will pay his obligation for the loan.

The claim refuses to receive the balance and leaves the place.

Around 12:34 on the same day, the victim sent letters to the defendant that "the defendant will pay the balance of 14:30 million won on the same day at the above certified judicial scrivener office" and paid the balance in full. However, the defendant did not appear.

As such, the victims, who were the buyers, provided the performance of the balance payment under the sales contract, and were unable to cancel the sales contract at will, the Defendant had a duty to have the victims acquire ownership by performing the registration procedure for the transfer of ownership on the instant real estate.

Nevertheless, the Defendant violated his duty and sold the instant real estate to J on June 8, 2016.

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