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(영문) 광주지방법원 순천지원 2018.01.11 2017고합147
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) located in Gwangjuyang-si, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) newly built G apartment units (hereinafter “instant apartment”) on August 8, 2009 and 449 units of G apartment units (hereinafter “this case”).

On October 11, 2010, the Defendant Company entered into a security trust contract, etc. (hereinafter “first contract”) with the Defendant Company, the trustee, the Korea Asset Trust Company, and the first-hand company, etc. in relation to the sale and lease of the instant apartment. On August 20, 2014, the Defendant Company entered into a real estate trust contract, etc. (hereinafter “first contract”) with the trust property in relation to the rental business of the instant apartment, the truster, the Defendant Company, the trustee, the trustee, and the first-hand company, etc. (hereinafter “second contract”) on the following grounds: (a) around August 20, 2014; and (b) around August 20, 2014, the Defendant Company entered into a real estate trust contract (hereinafter “second contract”).

A. The Defendant has been engaged in the sale and lease of the real estate since October 11, 2010 in accordance with the first contract concluded with the victims regarding the Korea Asset Trust Co., Ltd. and the Korea Capital Co., Ltd.

According to the terms of the first contract, the Defendant Company is unable to enter into a lease agreement on the trust property without the prior consent of the victim’s Korean Asset Trust Company. The lease agreement is under the name of the victim himself/herself, but only with the consent of the victims.

Nevertheless, the Defendant violated his occupational duties and without the prior consent of the victim Korea Assets Trust Co., Ltd. or the consent of the victims, as to H and this apartment house No. 1803, Oct. 30, 2010.

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