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(영문) 서울중앙지방법원 2012.08.24 2011고합1568

특정경제범죄가중처벌등에관한법률위반(배임)

Text

The defendant shall be innocent.

Reasons

1. The Defendant of the facts charged in this case is a person who actually operated the “F” in the construction and sale of a new commercial building on the 2nd underground and the 13th above ground in Seocho-gu Seoul Metropolitan Government (hereinafter “F”).

On July 10, 2006, the Defendant settled and delivered to the victim G a note of payment of KRW 800,000 at par value by settling down loans, interest, etc., and on September 25, 2006, the Defendant prepared and delivered a note of payment for conditional loans of KRW 1,70,000 at par value by settling account of loans, interest, etc., and on May 14, 2007, prepared and delivered a note of payment for conditional loans of KRW 2,950,000 at face value (hereinafter “instant promissory note”).

The purport of the Promissory Notes is that if the Defendant is unable to pay the said Promissory Notes to the victim by June 30, 2008, the payment of the said Promissory Notes shall be made to the person designated by the victim for the registration of ownership transfer with respect to the E 12th floor, 101 and 13th floor and 101 of the E 12th floor and 13th floor (hereinafter “instant 13th floor”) where the balance is fully paid, the Defendant entered into a promise for payment in kind (hereinafter “instant promise for payment in kind”). If the Defendant is unable to pay the said Promissory Notes by June 30, 2008 with the victim by June 30, 2008, to the person designated by the victim instead of paying the debt amount, the Defendant made a promise for payment in kind (hereinafter “instant promise for payment in kind”).

However, on February 25, 2009, the Defendant made a registration of transfer of ownership for the 12th floor commercial buildings of this case (No. 1201 on the register of the company) to H on February 25, 2009, even though the Defendant failed to fully repay the Defendant’s debt to the

Therefore, the Defendant was unable to repay the full amount of the payment of the Promissory Notes to the victim by June 30, 2008, which is the date of the payment of the Promissory Notes, and thus, the Defendant was on the 12th floor and the 13th floor shopping mall.