beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant was divided into “G”, “H”, and “I” with respect to the land above Gyeonggi-gun C, Gyeonggi-do.
On May 23, 2007, the co-owners were delegated with all of the powers necessary for the sale of the above land from six co-owners, E except D, and entered into a contract with the victim F to sell the part equivalent to the share of 4,240 of the above C land at the mutual f3,360 in the middle mar-dong, Yongsan-gu, Goyang-si.
The Defendant and the victim agreed to exchange KRW 20 million on the date of the contract, KRW 45 million on June 15, 2007, and KRW 30 million on December 20, 2007 with the remainder of KRW 30 million due to the payment of the documents required for the transfer registration of ownership on the above land.
According to the agreement, the Defendant received KRW 20 million from the victim as the down payment on May 23, 2007, and KRW 45 million as the intermediate payment on June 15, 2007. Therefore, on December 20, 2007, the duty of the Defendant to receive the remainder on December 20, 2007, and to perform the procedure for the transfer of ownership, upon receiving the ownership from the victim.
However, on July 25, 2008, the Defendant violated his duties while not receiving any balance from the victim, and sold the said land to J Co., Ltd. (hereinafter “J”) and completed the registration of ownership transfer with the J on September 16, 2008 at the Seocheon District Court of Jungcheon on September 16, 2008.
Accordingly, the Defendant acquired financial benefits equivalent to KRW 95 million at the market price of the above land and sustained damages equivalent to the same amount as the victim.
The Defendant, around October 2012, 2012, sold the instant land to the victim with knowledge that he/she would sell 14,023 square meters of the Gyeonggi-do L, Gyeonggi-do, Gyeonggi-do, which is owned by the Victim K, M forest, 1,236 square meters of M forest, and 518 square meters of the N forest (hereinafter “instant land”).