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(영문) 대구지방법원 포항지원 2015.08.13 2015고단222
배임
Text

Defendants shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive, each of the above punishments shall be executed.

Reasons

Punishment of the crime

On August 29, 2013, the Defendants set up the right to collateral security with the joint collateral amount of KRW 720,000,000 as the maximum debt amount to the victims of the right to collateral security at KRW 72,000,00,000 for the building constructed a new building on the two lots of land D and E (hereinafter referred to as “the building in this case”), and the right to collateral security at KRW 72,00,00,000 for the victims of the right to collateral security at KRW 35,00,000 for the same day from the victims of the right to collateral security at KRW 35,00,00,000,000,000 for the first place of land in Gohap-gun, the first place of collateral security at KRW 30,000,000 for the victims of the right to collateral security.

9. A loan of KRW 400 million around 17.17.

Therefore, when the Defendants completed the construction and use approval of the instant building, the Defendants had the duty to implement the registration procedure for the establishment of a mortgage on the instant building with the maximum debt amount of KRW 720 million to the victims as to the instant building, which was KRW 414 million in the market value.

Nevertheless, around January 24, 2014, the Defendant, in violation of this provision, completed the registration of establishment of the first-class mortgage on the instant building with the J maximum debt amount of KRW 225 million.

As a result, the Defendants conspired to obtain pecuniary benefits equivalent to KRW 225 million from J, and reduced the security value equivalent to KRW 225 million with respect to the instant building by the victim. The Prosecutor, under the premise that the Defendants conspired to obtain pecuniary benefits from the instant building, the amount apportioned to the instant building out of the maximum debt amount of the right to collateral security established by the Defendants with respect to the instant building, is KRW 538,575,409 [= KRW 414,00,000 at the market price of the instant building / ( KRW 414,00,000 at the market price of the instant building 139,460,100 at the instant forest market price) 】 720,000,000 under the premise that the maximum debt amount apportioned to the victims of the instant building is KRW 538,575,409 in the name of the victim who was divided in proportion to the amount of damages = the maximum debt amount remaining 189,00,00.

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