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(영문) 청주지방법원 2014.12.30 2014고단891
배임등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in real estate development and consulting business.

1. On January 2012, the Defendant, in breach of trust, issued a reply from the victim C, who was aware of the early police officer, that “it is within 3,949 square meters of forest land D in Jincheon-gun, Jincheon-gun, and it is not easy to obtain a loan on a good condition that credit is bad, because he wants to obtain a loan as security.” Upon receipt of a request from the victim C, who was in his knowledge of the early police officer, he would be able to obtain a loan on a condition that credit is bad, and would have different efforts to obtain a loan,” and then sought a reply from F to the person E in charge of the State Credit Union E in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seodong-gu, Seoul. In view of the priority secured claims, etc.

Since then, the victim is again able to borrow a loan, and it was proposed that the victim would transfer the ownership of the forest in question to the new creditors prior to the execution of the loan of the next year. The victim consented to the transfer of the ownership of the forest in question on January 19, 2012, which was registered in the name of the defendant.

In addition, the victim asked the defendant that "the debtor was defective in a dynamic G with good credit, and if the loan is executed, the creditor H and I would immediately pay the creditor H and I's Na's Na's Na's Na's Na', and the defendant asked that "the debtor would also pay the Cheong's Ha's Ha's Ha's Ha's Ha'."

As such, the Defendant is not the actual owner of the above forest land, but merely delegated the execution of the loan and the execution of the loan by the victim as security, so if the actual loan is implemented, the Defendant is prohibited from using it, and there was a duty to take measures to ensure the execution of the loan for the victim in compliance with the intent of the victim.

Nevertheless, even if the defendant did not obtain any consent from the victim, he/she violates his/her duties and thus, transferred the registration of ownership of the forest in question to the defendant on January 19, 2012.

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