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(영문) 대구지방법원 2016.07.08 2014고합382
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is the actual owner of a company E with limited liability (hereinafter referred to as “E”) located in M, and the actual owner of a F-limited company (hereinafter referred to as “F”) that owns E’s shares at the same time as the representative director.

From around 2007 to promote a golf course development project, the Defendant established E, a local corporation, a local corporation of the YE to promote a golf course development project, and subsequently failed to perform construction works any longer because the funds were insufficient to implement the golf course development project by leasing a golf course site from D from the YE, the Defendant offered part of E’s equity as security by acquiring an investment of KRW 1 billion from the YE, and offered F with a loan of KRW 1.5 billion from the right to guarantee the course by acquiring a loan of KRW 1.5 billion from the right to guarantee the course, and offered F with the right to guarantee the course as security in the form of F’s equity ownership, and around August 2010, the victim J, a representative director of the IE, who was known to the Defendant, was at least the end of the construction works implemented in the YE, and the funds were Momo.

It shall be paid with the interest of 5 interest per copy after three months from the loan of money.

“If the construction of a golf course is completed as the government leased a site of 360,000 square meters, the government may impose a lot of money by attracting casino projects with the lease of a summer and Chinese capital.

If money is invested, 30% of the FE's equity capital will be transferred.

In the words “the victim received money from the injured party for the purpose of borrowing money and making investments.”

On January 4, 201, the Defendant, at the victim’s office located in the Daegu Suwon-gu K around January 4, 2011, failed to repay the borrowed money and the investment money received from the injured party, and thus, the Defendant urged the injured party to pay the borrowed money from the injured party.

In doing so, F’s obligation to pay a loan to F’s educational guarantee right KRW 600 million and the Defendant’s obligation to return the existing investment deposit to H KRW 1050 million.

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