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(영문) 대구지방법원 2015.05.15 2014고단1428
횡령
Text

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

Reasons

1. The facts charged in this case

A. On May 9, 2005, the Defendant established a maximum debt amount of 25 million won on the said land, and a mortgage under the debtor E’s name, which was established on January 30, 2002, on the following grounds: (a) on the part of the victim C under a title trust with the land of 1,180 square meters located in Daegu Dong-gu, Daegu-gu; and (b) around February 1, 2001, upon the request of the victim C to manage the land of 1,180 square meters; and (c) on January 30, 2002, the Defendant borrowed a total of 50 million won from the Daegu bank using the collateral security (the maximum debt amount in the debtor’s name), which was established on the said land, to F.

The Defendant did not pay the above bank loans of KRW 50 million and interest accrued therefrom from time to time. On November 11, 2008, the Defendant established a collateral security on the said land under the name of the obligor E, and used the said bank loans of KRW 110 million in total to repay the above bank loans of KRW 67,237,845 without the consent of the victim.

On January 15, 2010, the Defendant established a right to collateral security under the name of the obligor E with respect to the said land, and took out a loan of KRW 10 million from the Seowon Saemaul Bank in the name of the obligor. Around March 29, 2010, the Defendant used the right to collateral security in the name of the obligor E and borrowed KRW 19.5 million from G to repay the interest, etc. on the said bank loans of KRW 117 million.

As a result, the Defendant embezzled the amount of KRW 175,500,000 to the victim's land in custody.

B. On July 18, 2000, the Defendant: (a) upon receipt of a request from the victim to request the management of eight parcels, which are not less than 20,003 square meters of H, a title trust; and (b) transferred ownership under the name of Sucheon-si, Sucheon-si; (c) on March 28, 2005, the Defendant loaned KRW 91,000,000,000 to F with a loan, setting up a mortgage on the said land under the name of the debtor I, and KRW 70 million.

The defendant does not pay the above loans and interest at the time, and he obtained the consent of the victim.

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