logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.07.14 2015노408
배임
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misapprehending the legal doctrine, completed the registration of transfer of ownership to G and H in accordance with a sales contract with the JJ prior to the conclusion of the victim’s sales contract. As such, the Defendant committed a breach of trust against the victim as “a person who administers another’s business.”

shall not be deemed to exist.

In addition, the defendant's obligation to complete the registration of the transfer of ownership to one victim is not another's business but "one's own business."

B. The punishment of the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On July 29, 2014, the Defendant entered into a contract to sell Jeju-si C, D, and E land to the victim F (a down payment of KRW 30 million, intermediate payment of KRW 50 million, KRW 75 million, KRW 155 million) in the U.S.’s U.S. judicial scrivener office near Jeju-dong District Court, Jeju-do.

According to the above sales contract, the Defendant received from the injured party the amount of KRW 30 million as the down payment on the same day, and KRW 40 million as the intermediate payment on August 22, 2014 (the original amount of KRW 50 million was changed by agreement between the parties, but the amount of KRW 40 million was changed by agreement between the parties). As such, the duty to receive the said balance from the injured party and to perform the registration procedure for the transfer of ownership for the said real estate was incurred.

Nevertheless, on September 3, 2014, the defendant violated the above duties and transferred the ownership transfer registration of the above D and E to G and H in Jeju District Court registry in Jeju District Court on the same day. In addition, the defendant violated the above duties and transferred the ownership transfer registration of the above D and E to G and H.

Accordingly, the Defendant acquired the financial benefits equivalent to KRW 1555 million in the market price of the above real estate, and the victim is equivalent to the same amount.

arrow