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(영문) 부산지방법원 동부지원 2015.07.17 2014고합232
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant, upon the victim D Co., Ltd. (hereinafter “D”)’s actual operator E with the purpose of housing construction business, deducted the debt of loans, etc. from the F apartment 293 households (hereinafter “instant apartment”) constructed by the victim E; and (b) upon the request of the Defendant, agreed to settle and divide the profits arising from the sale of E and the instant apartment, and began to serve as the chairperson of the victim’s reputation by accepting the E’s request.

On August 30, 2006, the Defendant sold the instant apartment in KRW 16,673,845,360 to G Co., Ltd. (hereinafter referred to as “G”) in which his children are the representative director. However, the Defendant entered into a sales contract in which one billion won, after deducting the amount of the loan, etc. from the buyer’s side, is to be paid as the actual purchase price, and received KRW 150 million as the down payment.

Since then, G paid KRW 230 million to the Defendant for the intermediate payment out of KRW 850 million, but the remainder of the sales balance was not paid KRW 620 million. The victim requested G to pay the remainder of the sales balance. On August 30, 2007, G showed that “if the balance is not settled by September 10, 2007, it shall be deemed that the sales contract was terminated.” G did not pay the remainder of the sales balance by September 10, 2007.”

In such a situation, the Defendant is called H Co., Ltd. (hereinafter “H”) on October 19, 2007 the apartment of this case.

) The sales amount of KRW 18,673,845,360 increased in KRW 2 billion compared to the initial amount is KRW 2.9 billion (the actual sales amount that remains after deducting the amount of loans, etc.) and KRW 1.8 billion after deducting the amount of loans, etc. from H on October 22, 2007, and KRW 1.8 billion after deducting the amount of loans, etc., there was a duty to revert to D.

Nevertheless, the Defendant.

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