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(영문) 서울남부지방법원 2016.06.29 2015고단4812

배임

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged of the instant case is that as a co-manager of the D Co., Ltd., Defendant A jointly owned with E, F, etc., the premises and buildings for the use of the said Co., Ltd., and as a result, Defendant A transferred all of the shares of the said Co., Ltd. to another person, and to collect the investment in return, and was delegated by E and F with the authority to conduct

around August 8, 201, the Defendants agreed to pay KRW 16,393 square meters of land outside H and 5 lots of land owned by Defendant A and KRW 2432.76 square meters of the ground-based factory building (hereinafter “factory site and building of this case”), including the cost of construction for the victim I, factory, and management Dong repair, KRW 1180,00,000,000,000, including the down payment of KRW 118,000,000,000 and KRW 200,000,000,000,000,000 on November 8, 201, and receive KRW 98,000,000,000 and transferred all of the shares of D Co., Ltd. to the victim, and then complete the registration of ownership transfer of the instant factory site and building in the name of D Co., Ltd.

Defendant

A received KRW 200 million in total the down payment and the intermediate payment from the injured party on August 8, 201, which is the day of the contract pursuant to the above sales contract, and from September 2, 201 to September 10, 2012, a total of KRW 21 million in total for the purchase price, including the construction cost for factories and the repair and management building, was collected from September 2, 201. Accordingly, at the same time, a total of KRW 430 million in total for the purchase price, including the construction cost for factories and the repair and management building, the duty was to transfer all shares of D Co., Ltd. to the injured party at the same time as the remaining balance and to complete the registration of the transfer of ownership

In violation of the above duties, at the office of the above D Co., Ltd. around October 27, 2013, the Defendants violated the above duties, and all of the instant factory site, buildings, and stocks of D Co., Ltd. in the amount of KRW 1.2 billion to J.