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(영문) 의정부지방법원 고양지원 2018.11.15 2018고단616
배임
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant entered into a sales contract with the victim E (1), 750,000,000 won for the purchase price on the day of the contract; (b) the intermediate payment of KRW 250,000 on June 20, 2016; and (c) the Defendant received KRW 425,00,000 from July 15, 2016, for the remainder of KRW 425,000,000,000 for the remaining 5,000,000 won for the facilities located in the said real estate, and received KRW 75,500,000 on the day of the payment of the remainder; and (d) received KRW 5,000 from the injured party for the check on June 20, 2016; and (e) received KRW 500,500,000 for the intermediate payment under the pretext of the contract.

Meanwhile, from October 10, 208 to February 13, 2014, the Defendant established a right to collateral security at least 1.235 billion won in total as a person with the right to collateral security and received a total amount of KRW 950 million from HF around October 1, 2016. Since the Defendant received a down payment and an intermediate payment in accordance with the sales contract with the victim on June 1, 2016, it was the duty to receive a balance from the victim by paying the principal and interest of the said loan in time, and at the same time, transfer the ownership of the said real estate to the victim.

Nevertheless, in violation of the above duties, the Defendant arbitrarily consumed the loan secured by the object of the purchase of the down payment and intermediate payment granted by the injured party, without using it in repayment of interest on the loan secured by the object of the purchase of the down payment and intermediate payment. In the auction procedure conducted by HH association around October 27, 2016, where three parcels of land, such as Gyeyang-gu E, E, F, G, etc. are awarded to the injured party at a price equivalent to KRW 1,53 billion in the amount of KRW 494,694,015, the value of purchase of land, 494,694,015, Goyang-gu, Seoyang-gu, Seoyang-gu (948 square meters) is KRW 885,870,00,000, and the appraisal of 8,568,000,000,000 won, and 813 square meters, 1,292.

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