logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.11.21 2014고합737
특정경제범죄가중처벌등에관한법률위반(배임)
Text

1. The Defendants are not guilty. 2. The summary of the judgment against the Defendants is respectively published.

Reasons

1. On Jan. 15, 2002, Defendant A was sentenced to a favorable judgment of the Seoul High Court on Jan. 15, 2002 that “The Defendant (F) was on the part of the Plaintiff (Defendant A) on two parcels of G 50,281 square meters of forest land (market price of KRW 1,257,025,00) and H 3,967 square meters of forest land (market price of KRW 91,241,00) (market price of KRW 91,241,00), and on September 12, 1995, Defendant A was on the part of the Supreme Court on September 12, 1995.” The appeal was filed by F and the trial was in progress by the Supreme Court.

Defendant

B A Around August 25, 2003, his own LJ, which operated I Co., Ltd., borrowed KRW 1 billion from K, and agreed to repay KRW 1.35 billion until November 25, 2003, as joint and several sureties's debt, but it could not repay its debt to K.

On March 12, 2004, the Defendants agreed to set priority mortgage of KRW 1 billion on each of the instant real estate at K when the said lawsuit becomes final and conclusive in favor of the Defendant A in order to secure the repayment of obligations to K at a law firm M& office located on the 10th floor of Seocho-gu Seoul Metropolitan City Lbuilding, and set up a notarial deed and certificate with the same content as the Defendants, J and K.

On June 10, 2004, the Supreme Court dismissed F's appeal, and the above lawsuit was finalized in favor of Defendant A, and on June 28, 2007, the registration of ownership transfer was completed in the name of Defendant A with respect to each of the instant real estate. As such, the Defendants committed a duty to establish the right to collateral security with respect to each of the instant real estate to K.

Nevertheless, around June 28, 2007, the Defendants borrowed KRW 950 million from Do Residents Mutual Savings Bank in violation of the above duties, and as to each of the instant real estate, the Defendants, as Do Residents Mutual Savings Bank, Do Residents Mutual Savings Bank, Co., Ltd., Ltd., the debtor, as Defendant A and joint guarantor, completed the registration of creation of a mortgage near the maximum debt amount of KRW 2.9 billion.

As a result, the Defendants conspired with K.

arrow