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(영문) 울산지방법원 2015.11.05 2015고단1482

배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 10, 2012, the Defendant agreed to the effect that “The construction cost shall be paid after the completion of the said remodeling work, and if the construction cost is not paid within the month after the completion of the construction work, the ownership transfer registration or the establishment registration of a neighboring mortgage with respect to the said apartment will be completed to guarantee the construction cost.”

Accordingly, the victim completed the remodeling project on July 26, 2013, but the defendant failed to pay the victim construction cost equivalent to approximately KRW 524,350,000. The defendant, according to the above agreement, completed a real estate sales contract with the content of the transfer of the above her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her 1,090,000 at a G judicial scrivener office located on December 12, 2013, and completed a real estate sales contract with the (ju) her her her her her her her her her her her her she

On January 21, 2014, the Defendant borrowed 100 million won from H around the same day in violation of the foregoing duties, and made a registration of the establishment of a collateral with the maximum debt amount of KRW 150 million on the same day.

Accordingly, the Defendant acquired property benefits equivalent to 150 million won of the maximum debt amount of the above right to collateral security, and incurred damages equivalent to the same amount to the victim.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol of examination of part of the defendant by prosecution;

1. E prosecutorial statement;

1.With respect to E, I and J, respectively.