logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.08.17 2016고단2050
배임등
Text

The defendant 1-A (the part of breach of trust in the case of the 2016 Highest 2050) and the second crime (the 2016 Highest 3717).

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 12, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Jung-gu District Court on October 12, 201, and the said sentence became final and conclusive on December 20, 2014.

On November 26, 2015, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud, etc. at the Seoul Northern District Court (Seoul Northern District Court) and the judgment became final and conclusive on December 4, 2015.

[Criminal Facts]

1. [Attachment 2016 Highest 2050] [Presumption Facts] The Defendant borrowed KRW 26 million from B on November 20, 2006, and KRW 20 million on December 30, 2006, and C guaranteed the above loan obligations on December 23, 2006, issued to B a promissory note with face value of KRW 47 million at the face value under the name of B, adding up the above amount to KRW 1 million.

In addition, the Defendant borrowed a total of KRW 80 million from B from around 2007 to February 2008, and repaid KRW 5,100,000 out of the above KRW 80 million to February 2009.

B Around May 22, 2012, filed a lawsuit seeking payment of KRW 47 million and interest interest against C, and was sentenced to a judgment in favor of the Plaintiff on August 31, 2012 (Seoul Northern District Court Decision 2012 Ghana 21130). The judgment became final and conclusive around September 22, 2012.

B around April 2013, the above final judgment was executed and applied for compulsory auction on C’s real estate (Seoul Northern District Court E). The Defendant issued to B a copy of the check of F, face value of KRW 30 million on July 18, 2013, when compulsory auction proceedings were in progress, to B, and the check of KRW 30 million was settled normally on September 10, 2013, which was the date of its issuance.

[Detailed Criminal Facts]

A. On January 8, 2014, the Defendant in breach of trust, who actually operated H in Nowon-gu in Seoul Special Metropolitan City, provides the victim B with a collateral of transfer for the security of an existing obligation (the remainder that remains without repayment of KRW 80 million).

arrow