배임
The defendant shall be innocent.
1. The summary of the facts charged is that, around April 18, 2012, the Defendant entered into an agreement with the victim E on the creditor G, H, and I, etc. of the Defendant related to the electric source house newly constructed in the FF and seven parcels of land in Jinju-si, in lieu of the Defendant’s debt amounting to KRW 80 million, if the victim repaid the Defendant’s debt to the creditor, etc., the Defendant would make a registration of preservation of ownership on the newly constructed electric source house building to the victim. Under this agreement, the victim repaid the Defendant’s debt to the creditors, such as G, etc., on behalf of the Defendant, the Defendant had a duty to newly construct the electric source house
Nevertheless, on February 15, 2013, the Defendant newly constructed the electric source house in violation of the above duties, and on the electric source house in JJ on February 15, 2013, each registration of preservation of ownership was made in the name of the Defendant for the electric source house in L, under the name of the Defendant’s woman M, and under the name of the Defendant for the electric source house in N, under the name of P as the Defendant’s seat.
Accordingly, the defendant acquired property benefits equivalent to KRW 80 million and suffered damages equivalent to the same amount from the victim.
2. Reasons for innocence;
A. The following facts are acknowledged according to the evidence duly adopted and examined by this court.
1) From October 2009, the Defendant obtained a construction permit from the Republic of Korea to the Republic of Korea under the name of 9, including the Defendant, on the land outside the F, and seven parcels outside the Jinju-si (hereinafter “the instant electric source house”).
(2) On February 10, 2012, the Defendant agreed to pay KRW 650 million including interest, up to May 10, 2012, with a loan of KRW 395 million from E in order to resume the said construction. On the same day, E’s wife Q is a creditor, and E prepares a loan certificate of KRW 650 million and this case’s loan certificate is issued.