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(영문) 인천지방법원 2016.06.22 2016고단1367

배임

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud at the Incheon District Court, and the above sentence becomes final and conclusive on June 11, 2016.

On June 20, 2012, the Defendant, around June 20, 2012, was owned by the Defendant’s wife C between Young-gu Co., Ltd. and Young-gu Co., Ltd., Ltd., and entered into a lease contract with the Defendant for lease of KRW 120,00,000 on deposit money for lease on a deposit basis with respect to No. 1703, 1703, Seo-gu, Seo-gu, Seocheon-gu, the unregistered state of registration, and received delivery from the injured party around that time.

The special terms and conditions of the above lease agreement include a contract confirmed by the establishment of three-party collateral security (60% of the total sale price). 4. The full amount of the deposit for lease on a deposit basis (0 million won per day) shall be treated as the balance for sale (in the event of default, the termination of the contract and the repayment of the down payment). 5. An application for the certificate of registered matters simultaneously with the remaining payment date.

6. The lessor shall agree to establish a right to lease on a deposit basis and shall key for active cooperation;

“The Defendant agreed to set up a first priority right and set up a second priority right to lease on a deposit basis within the limit of KRW 191,065,200, the amount of which is KRW 318,442,00 in a set of 60% in a set of 318,442,00 in a set of 191,065.

On April 5, 2013, the Defendant violated the above obligation to comply with the collective security agreement, and registered the establishment of a first priority collective security agreement on April 5, 2013, as well as 38,58,000 won (222,000,000 won (2222,000,000 won) for actual loans 215,000,000 won for the mortgagee E, the maximum amount of loans 33,00,000 won for actual loans, and 22,00,000 won for actual loans 22,00,000 won (222,00,000,000 won - 318,42,400 won).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police in F;

1. A complaint filed by G;

1. An apartment lease contract;

1. A certificate of all registered matters;

1. Apartments;