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(영문) 대전지방법원 홍성지원 2016.02.03 2015고단602 (1)
배임수재등
Text

Defendant

A shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 947] C Co., Ltd., from around 2004 to around 2004, suspended construction due to lack of funds after completion of approximately 95% of the construction around November 201. The creditors, including E, who performed apartment construction, exercised the right of retention on the above apartment.

During that period, F and G entered into a lien acquisition contract on June 14, 2013, and around June 23, 2013 with E, the representative creditor of the above creditor, respectively, on the basis that they did not receive an apartment contract under the above contract terms and conditions, and did not pay the acquisition price without being awarded a successful bid, and even though they did not receive a lien lawfully because they did not notify the debtor C of the transfer, they occupied the above apartment construction site from March 2014.

On the other hand, although the indictment was written as “as of January 28, 2015,” around January 28, 2014, the above E is clearly a clerical error in the “as of February 18, 2014,” and thus, it is correct as above.

After taking office as the representative director of C&C, on May 27, 2014, the agreement on the transfer of bonds with H&C as the representative director of creditors on May 27, 2014, and around June 3, 2014, upon entering into the above apartment sales contract with C&C company I as the representative director of C&C representative director, and intended to complete the construction of the apartment. However, F/G controlled entry into the said apartment, and J attempted to obtain a loan from the bank as security against the said apartment, but the said F/G, K, etc. was willing to employ the said apartment site by forcing it to occupy the said apartment site because it is difficult to obtain the said loan by asserting the lien and by occupying the said apartment site.

Defendant

A was the representative director of the above C.

With L, a person who has performed the above D apartment construction has been gathered to the above D apartment site along with the service cost employed by L, J and J.

Defendant

A B From around 10:30 on August 20, 2014 to 12:40, to 15 members of the services, such as M and N, in Chungcheongnam-gun apartment, from Chungcheong budget D apartment, through the wall on the side of the camping site of the above apartment.

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