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(영문) 수원지방법원 2016.02.17 2015고단3620
업무상배임등
Text

The defendant shall be innocent.

Reasons

In the process of filing a complaint against the victim C with a fraudulent case, the Defendant was subject to a decision on June 19, 2012, which was investigated by the Suwon District Public Prosecutor's Office No. 13178 case in 2012, and was not suspected of suspicion on June 19, 2012. "In the process, the Defendant was subject to revocation of the victim C and the above criminal complaint."

1. The settlement (1) of credit (3) interest amounting to KRW 240,300,000,000,0000,0000,0000,0000,000,000,000,000,000,000,000 won from the defendant (Defendant)

2. Terms and conditions of the agreement (2) The Defendant’s Intervenor should sell approximately 380 square meters of E and F forest land to a third party by no later than August 31, 2012, and pay to the complainant (victim C) the full amount of the purchase price.

(3) The interest accrued on the amount of KRW 350 million that the complainant has received from the defendant's plaintiff when the defendant's plaintiff won from D on September 8, 2004 in accordance with D's self-declaration as of September 8, 2004.

1. (3) Payment shall be made to the complainant with the amount adjusted according to the amount of claim;

The repayment of loans and interest between borrowed and borrowed shall be made first to the complainants.

(9) In the event that the defendant's plaintiff either makes all or part of the above paragraphs (1) through (3) or conceals or uses part of the money paid from D, the defendant's plaintiff shall be liable for civil or criminal liability therefor.

Done on June 15, 2012, the content of the “self-agreement” was drafted.

The letter of commitment of September 8, 2004, referred to in the above agreement, promises to be liable and repaid from H Co., Ltd. and I Co., Ltd. (which changed its trade name to K Co., Ltd. on January 6, 2005, October 12, 2007) with respect to the following liabilities related to G Co., Ltd. of A.

1. The Defendant, H Co., Ltd. and the representative director D of I Co., Ltd. were drafted with the content of “payment of monthly interest of the principal of the borrowed loan from C and L.”

1. Evasion of compulsory execution;

A. The victim C set up a collateral security (Nmortgage), the maximum amount of the claim amount of KRW 20 million on November 28, 200, the debtor M and the mortgagee of the neighboring E and F forest before the enactment of the self-agreement on June 15, 2012, and the victim C set up a collateral security (Nmortgage).

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