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(영문) 전주지방법원 군산지원 2013.07.17 2012고단3217

배임

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On October 7, 2009, the Defendant acquired a house located in Isan-si, a substitute for payment, and completed the registration of ownership transfer in the name of D which works at his/her own lending business office. On March 9, 2010, the Defendant leased the deposit to the victim E to the victim E.

On May 20, 2011, the Defendant agreed to report the right on behalf of the victim who is living in a work place at a distance of time when the house was voluntarily auctioned to the Military Branch of the Jeonju District Court.

On November 201, the Defendant received from the victim a report on rights and a written application for demand for distribution and a copy of the lease contract, which is attached to the attached document, there was a duty to receive the above documents from the court on behalf of the victim.

On December 27, 2011, the Defendant did not receive the above documents from the court in violation of the above duties and did not notify the victim of the above documents, and caused the above D to receive 30,747,289 won from the surplus of the above house.

Accordingly, the defendant suffered property damage equivalent to the same amount as the victim.

Reasons for innocence

1. On June 15, 2012, the victim of the case filed a complaint with the Defendant on the charge that “from May 14, 2010 to October 15, 2010, the victim acquired the Defendant a sum of KRW 3,389,00,00, including unmanned security charges, and electric charges, and KRW 74,089,00, in total, from the fact that “The Defendant and D did not have the intent or ability to repay,” the instant investigation was initiated.

On March 9, 2010, the Defendant, D, and the victim completed a lease contract with the lessor, lessee, and the lessee as the guarantor of the obligation to return the lease deposit, and the Defendant signed and sealed the above contract with respect to the leased property of KRW 50,000,000,000,000 for a single house of KRW 108,000 square meters on the 108,000 square meters of land of the light iron structure of KRW C, 460,000.

At the time of the preparation of the above contract, the real estate in this case shall be a mortgagee, the Saemaul Bank of North Korea.