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(영문) 서울북부지방법원 2016.08.31 2015고단2679
업무상배임
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

The defendant in the factory office is the representative director of the 15-year execution company in Chuncheon-si Down Housing Co., Ltd. from September 8, 2010, who is in charge of all the affairs of the company, such as construction and sale of the above apartment house, and fund management.

Public prosecution and other F was the representative director of the above company from March 23, 2007 to September 8, 2010, and G, other than public prosecution, is the representative director of H in the case of the above apartment house.

Around September 2007, the FF purchased the said land in the name of the Dispute Resolution Co., Ltd., and conducted a new construction of the apartment house through I, but it was unable to implement the construction due to the lack of funds, etc., on April 30, 2009, entered into a contract for a new construction of the apartment house with H in the Dispute Resolution Co., Ltd., which was set forth in the construction cost of KRW 3.6 billion, and made a provisional registration on May 20, 2009 to secure the obligation to pay the said construction cost, in order to secure the obligation to pay the said construction cost.

In addition, on June 22, 2009, F was the representative director of the LAE and entered into a sales contract with the victim J for the financing of KRW 200 million with respect to subparagraph 404 of the above apartment house, and on June 24, 2009, F was obliged to register the transfer of ownership as to the above subparagraph 404 with the victim by receiving KRW 200 million from the damaged party in a lump sum payment.

On May 11, 2010, F made a registration for the preservation of ownership in the name of the Dispute Resolution E, but if the creditors of E Co., Ltd. are likely to enforce compulsory execution against the said apartment house, F made a provisional registration to preserve the right to claim for the registration of ownership transfer in the name of H on June 10, 2010 for the whole apartment house.

However, on August 2010, F is difficult to sell the apartment house additionally, and it is thought that F will provide the said apartment house to K in return for the payment of the construction cost through the process of settling the construction cost, and around that time, G is in the said apartment house E's share over several times.

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