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(영문) 부산지방법원 2014.12.11 2014고단8252
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 14, 2011, the Defendant: (a) leased the Victim G, Kimhae-si J, N site and its ground building, for a lease deposit of KRW 800 million, the Defendant agreed to guarantee at least KRW 200 million to the victim at the time of remodeling and selling the telecom; (b) entered into a pre-contract to sell and purchase the above telecom with the victim at least KRW 2.4 billion on July 9, 2012 in order to secure the said claim against the victim; and (c) completed the registration of the right to claim ownership transfer in the name of the victim at the Changwon-si Office in the Changwon-si Branch Act on the same day

On the other hand, in order to secure the obligation of KRW 2.1 billion borrowed from the National Federation of Fisheries Cooperatives on December 14, 2011, the Defendant, upon acquiring the above AAO, completed the registration of joint creation of a mortgage over the said her mother with the maximum debt amount of KRW 2.52 billion, the debtor, the debtor, and the National Federation of Fisheries Cooperatives established the Act on the Protection of Collaterals. On October 15, 201, the Defendant leased the said AAO to L and Q Q for the lease deposit amount of KRW 90 million, and the Defendant repaid the victim of the above deposit amount of KRW 100 million.

On December 26, 2012, the next day, the victim transferred to H Co., Ltd. all the rights related to H, including the right to return the lease deposit, the right to return the lease deposit and the right to complete the purchase and sale reservation with the Defendant, to H. On December 27, 2012, the victim notified the Defendant of the transfer of the right.

On December 27, 2012, the Defendant entered into an agreement with H and “In the event that the Defendant does not pay KRW 900 million to H by March 25, 2013, the Defendant shall transfer the AAma to a person designated by H or H, but the Defendant shall succeed to the secured obligation of KRW 2.1 billion to the National Federation of Fisheries Cooperatives and the obligation to return the lease deposit of KRW 900 million to H, but the Defendant did not pay KRW 900 million to H by the agreed deadline.

In addition, on June 10, 2013, the defendant, the victim, and the H will acquire the ownership of the above telecom in accordance with the above agreement, but in the case of the construction company.

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