특정경제범죄가중처벌등에관한법률위반(배임)
The prosecutor's appeal is dismissed.
1. Summary of the Reasons for Appeal: In fact, the facts charged in this case are found guilty, but the lower court erred by misapprehending the legal doctrine and acquitted the Defendant.
2. Determination
A. The summary of the facts charged, Defendant A, in order to prevent the confusion of each of the real estate of this case, will be in accordance with the precedent that has been reduced in the judgment of the court below as it is in the trial.
(However, the court of final appeal was in progress in the second instance while the civil suit of this case for acquiring ownership was won in the second instance.
Defendant
B was responsible for the joint and several liability for K.
From March 12, 2004, the Defendants included the obligation of J, the primary debtor of Defendant B, in order to secure the repayment of the obligation of Defendant B to K, but are not mentioned separately because it is irrelevant to the issues in the instant case in which the Defendants followed the Defendants’ criminal liability.
In the civil procedure of this case, when Defendant A’s winning judgment becomes final and conclusive, the parties agreed to set up a collateral of KRW 1 billion with respect to each of the instant real property, which is the senior mortgagee, K as the senior mortgagee.
(hereinafter “Agreement on Security”). The winning of Defendant A in the civil lawsuit of this case became final and conclusive and the registration of ownership transfer in the name of Defendant A was completed on June 28, 2007 with respect to each real estate of this case.
Therefore, even though the Defendants had the duty to establish a collateral security in accordance with the instant agreement with K as to each of the instant real estate, the Defendants were to obtain a loan of KRW 950 million from the Do resident mutual savings bank in charge of the settlement of disputes around June 28, 2007, and to obtain a loan of KRW 950 million from the said mutual savings bank, the Defendants completed the registration of the establishment of a collateral security over each of the instant real estate by determining “the mortgagee as the Do resident mutual savings bank in charge of the settlement of disputes, the debtor as Defendant A, and the joint guarantor as Defendant B” with respect to each