특정경제범죄가중처벌등에관한법률위반(배임)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is that the Defendants purchased each of the instant real estate from the victim, but at the same time obtained a transfer of ownership for the convenience of loan without paying KRW 1.1 billion out of the purchase price, the Defendants set up a maximum amount of 1.1 billion as a security for the remainder of the purchase price obligations, and recognized that the remaining value of each of the instant real estate is at least 1.1 billion won and had been established as a security. However, the lower court acquitted the Defendants on the grounds that the remaining value of each of the instant real estate was remaining by establishing a collateral under the name of the victim, and that damage was incurred to the victim due to each of the registered acts in violation of the agreement with the victim. The lower court erred by misapprehending the legal principles on the crime of breach of trust or by
2. The summary of the facts charged is the president of the H hospital, and Defendant B served as the vice president of the said hospital, and since around 2008, Defendant A operated the said hospital at the building owned by the Victim K in G from the point of strike.
On April 30, 2010, the Defendants purchased the building and land (hereinafter “each of the instant real estate”) where the said hospital was located from the victim, and agreed to take over the above purchase price of KRW 3650 million from the Defendant’s liability owed by the victim as security and the unpaid construction cost liability of KRW 750 million from the victim’s acquisition of KRW 3650,000,000,000 and KRW 1.1 billion from the remainder by the date of 2016 to pay KRW 20,300,000 to the victim each of the instant real estate, and completed the registration of ownership transfer for each of the instant real estate on the same day.
On July 15, 2011, the Defendants agreed in writing to set up a right to collateral security of KRW 1.3 billion with respect to each of the instant immovables, as security for the remaining balance of KRW 1.1 billion, to the victim.