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Defendant
A Imprisonment with prison labor of three years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
Defendant
Of the facts charged against A.
Reasons
Punishment of the crime
[2011 Highest 598]
1. Defendant A’s breach of trust was the husband of N, the owner of H, I, J, K, L, and M land (hereinafter collectively referred to as “instant real estate”), and under the status of being delegated by N with the authority to dispose of the instant real estate by N, the Defendant agreed to sell the instant real estate at P’s house located in Echeon-siO on May 3, 2010, to sell the instant real estate to the victim Q and R, and at the same time, upon entering into a sales contract to sell the instant real estate, KRW 40 million out of the down payment of KRW 377 million,00,000,000,000 on the date of the said contract, the intermediate payment of KRW 180,000,000,000 on June 3, 2010, and the remainder of KRW 157,000,000,000,000 for each of the aforementioned victims as the registration of creation of superficies and cancelling the registration of creation of superficies.
Since the Defendant received KRW 40 million from the victims as the down payment on the same day, and KRW 180 million as the intermediate payment around June 3, 2010, respectively, the Defendant has the duty to implement the procedure for ownership transfer registration in the state that the victims did not decline in the value of the instant real estate.
Nevertheless, on July 1, 2010, the Defendant violated the above duties and applied for a loan of KRW 157 million to the secured debt of KRW 10,000,000,000,000 to the real property of this case under the name of Seocheon Agricultural Cooperative, Seocheon-si, Seocheon-si, for a loan of KRW 19,00,000 to the secured debt of KRW 333,000,000,000,000, compared to the above amount, and completed the registration of establishment of a mortgage with the maximum debt amount of KRW 25,00,000,000.
As a result, the Defendant acquired approximately KRW 20,427,198 out of the above KRW 33 million, and suffered approximately KRW 20,427,198 from the victims due to the decline in the value of the instant real estate.
2. The Defendant who forged a private document by Defendant A shall be at a non-permanent place on June 2010.