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(영문) 서울북부지방법원 2015.08.27 2015고단1351
배임
Text

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

Reasons

1. The Defendant is the representative of E Co., Ltd., a new construction corporation and sales company for multi-household houses D in Chungcheongnam-gun budget group.

Around July 1, 2013, the Defendant: (a) around July 1, 2013, while performing the new construction of multi-household housing; (b) between F and F, among the sales offices located in Chungcheongnam-gun budget-gun; (c) between F and F, while performing the construction of a household in the interior of the new construction project, the Defendant agreed to pay B to F as a substitute for multi-household 108 Dong 101 (hereinafter “instant housing”) in lieu of the construction cost; and (d) “F’s purchase of the instant housing in lots to the victim G, who is the victim of F, in total amount of KRW 149,250,00; and (e) the balance was fully paid, the preservation registration of the building was completed and the registration of ownership transfer is completed immediately after the completion of the preservation registration is completed; and (e) F completed the relevant construction on the account of F.

Therefore, after completion of the construction of multi-household housing, the Defendant had a duty to complete the procedure for the registration of ownership transfer of the instant housing to the victim immediately after the registration of ownership transfer was completed.

Nevertheless, on October 29, 2013, the Defendant, in violation of such duty, completed a registration of preservation of ownership in the name of Company E, and at the same time obtained a loan of KRW 70,000,000 from the Asan East East Credit Union, thereby obtaining pecuniary benefits equivalent to the maximum debt amount of KRW 91,00,000 under the name of the Asan East Credit Union, and incurred property damage equivalent to the same amount to the victim.

2. The judgment and the defense counsel held that the Defendant entered into a payment agreement on the instant house with F as a security for the construction cost, and therefore, the Defendant’s duty to complete the registration of ownership transfer on the instant house to G designated by F is not another person’s business but the Defendant’s own business. As such, the Defendant received a loan on the instant house as security and thereafter set up a collateral.

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