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(영문) 서울중앙지방법원 2014.05.01 2014고단216

배임

Text

Defendant shall be punished by a fine of KRW 2,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, from the victim D, from November 12, 2007, KRW 30 million around December 2007, KRW 90 million on January 20, 201, KRW 140 million on January 31, 201, and KRW 140 million on January 31, 201; and

5.4. 20 million won borrowed total of 280 million won.

around April 11, 2013, the Defendant entered into a contract with the victim on the part of the Fnotarial Office of Law Firm No. 701 of the building in Seongbuk-gu, Sungnam-si, and on June 30, 2013, on the part of the victim who failed to pay the maximum debt amount of KRW 165 million, which is equivalent to the maximum debt amount of KRW 100,000,000,000,000 in the name of the Defendant and the right to collateral security in the name of the second floor of 1,000,000 won in the name of the second floor of 2,000,000,000 won in the name of the Defendant and the right to collateral security in the name of the second floor of 2,00,000 won in Seoul, respectively. If the said amount was not repaid until June 30, 2013, the Defendant had the duty to transfer the said two collateral to the victim.

Nevertheless, the Defendant violated the above duties and transferred the right to collateral security against the two above real estate to J on June 5, 2013, and the same month.

7. The Plaintiff acquired economic benefits equivalent to KRW 165 million, the maximum debt amount set forth in the H apartment, and incurred damages equivalent to the said amount to the victim, by having the right to collateral security registered.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and J;

1. A letter of authentication (No. 6 of the evidence list);

1. A certified copy of the register (number 8,9);

1. Statement of D (No. 10 in order);

1. Written opinions (No. 29) Application of Acts and subordinate statutes

1. Article 355 (2) and (1) of the Criminal Act applicable to the crimes. Article 355 (2) and (1) of the said Act

1. After the Defendant transferred the right to collateral security to the victim of the instant crime, he/she transferred the right to collateral security to a third party and completed the registration of transfer of collateral security to the third party, which is acknowledged by evidence (D, J's legal statement, and D's investigative agency's statement) related to the reasons for sentencing under Articles 70 and 69(2) of the Criminal Act in the Nowon-gu