logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.07.03 2019고단3011
배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On November 12, 2015, the Defendant was sentenced to a suspended sentence of one year and two months for fraud at the Incheon District Court, and the said judgment was finalized on November 20, 2015. On October 16, 2015, the said judgment was finalized on January 7, 2016, which was sentenced to a suspended sentence of two years for the same court to imprisonment with prison labor for the act of forging private documents. On May 25, 2017, the said judgment was finalized on December 1, 2017. On August 31, 2018, the Defendant was sentenced to imprisonment with prison labor for one year for a crime of fraud and the said judgment was finalized on November 2, 2018, by being sentenced to imprisonment with prison labor for the same court on December 20, 2018, and the said judgment became final and conclusive on April 12, 2019.

The Defendant, on June 15, 2012, was awarded a contract for the construction of an officetel with D, a company implementing the said officetel in the Michuhol-gu Incheon and ten parcels, and was to receive the above officetels F from the representative E of the said company as payment in kind for the construction price of the said officetel.

After that, on November 14, 2012, the Defendant entered into an agreement with the victim H to sell the said officetel F at KRW 70,000,000 with G real estate located in Bupyeong-si, and entered into a real estate sales agreement on the 16th day of the same month, and entered into the said real estate transaction agreement on the 17th day of the same month. The Defendant received KRW 40,000,000 from the victim as the down payment on the 17th day of the same month, the remainder of KRW 30,000,000 from the 18th day of the same month, and received KRW 12,00,000 as value-added tax on the 12th day of July 18, 2014, and thus, there was a duty to transfer the ownership of

Nevertheless, on August 19, 2015, the Defendant borrowed KRW 200,000,000 from I in a place where it is not known to the Incheon or lower level, and entered into a mortgage agreement with respect to the 4 bonds of officetels, including the above officetelF, as a collateral for it. On August 24, 2015, the Defendant completed the registration of the establishment of a mortgage on August 24, 2015 with the maximum debt amount of KRW 150,00,000, the debtor, the Defendant, and the mortgagee I.

This is the defendant.

arrow