특정경제범죄가중처벌등에관한법률위반(배임)
The Defendants dismissed the application for compensation filed by the applicant for compensation.
1. The summary of the facts charged was engaged in the management of the clan properties by Defendant A from 201 to 2006, from 2010 to 2011.
Defendant
A purchased land (hereinafter “instant land”) in the Republic of Korea, F in November 2005, for a clan’s funds, the wife population G and H5 land (hereinafter “instant land”). However, on November 29, 2005, the instant land cannot be registered in the area where land transaction permission was granted, and thus, on its own name, the instant land obtained a maximum amount of KRW 3 billion mortgage (hereinafter “mortgage”). Therefore, there was a duty to faithfully preserve and manage the instant right to collateral security.
Defendant A borrowed KRW 400 million from I to be used as election expenses for the president of the clan B in violation of the above duties, and transferred the instant collateral security (hereinafter “K”) to J and K Co., Ltd. (hereinafter “K”) on July 22, 2011, for the purpose of securing 1/2 equity, for the purpose of securing 710,816,000 won, which is the value of the instant land, and acquired pecuniary benefits equivalent to the security value of KRW 710,816,000, and suffered damage equivalent to the amount of the said clan E.
around July 22, 2011, Defendant B, C, and D conspired 516, at the office of Defendant C on the fourth floor of the Seocho-gu Seoul Metropolitan Government LA building, proposed to “B’s election campaign funds for the instant land to be raised to be run by the president of the clan,” and proposed that “A will be exempted from the responsibility for the transfer of the instant right to collateral security, while transferring the instant land to another person and lending the money,” and upon having consented thereto, Defendant B, C, D, and A conspired to transfer the instant right to collateral security.
Defendant B, C, D, and A, according to the foregoing public offering, borrowed KRW 400 million from I to J and K in the N Office in Seocho-gu Seoul, Inc. (hereinafter “Around July 25, 201”) around July 22, 201, at around KRW 1/2 shares of the instant collateral security, and transferred the instant collateral security at around July 26, 201 to J and K designated by I while borrowing KRW 400 million from I.