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(영문) 대구지방법원 2012.09.28 2012고합307
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who engaged in textile wholesale business with “D” in Daegu-gu, Seo-gu.

The Defendant entered into a sales contract on December 24, 2005 with the content of the purchase and sale contract for “F apartment units 104 Dong 1901 (77 square meters)” located in the Daegu Suwon-gu, and 201 parcel of land, and paid the down payment of KRW 99.8 million (10% of the purchase price) among the total purchase price of KRW 99.8 million on the same day, and the Defendant paid the down payment of KRW 99.8 million (10% of the purchase price) from May 10, 2006 to June 10, 2009 at a total of 59.9.8 million (60% of the purchase price) in total, from May 10, 2006 to June 10, 2009, the remainder of the purchase price of KRW 29.9 billion (30% of the purchase price) with a loan from the New Hank Capital Co., Ltd., Ltd., and paid the remainder.

On February 2, 2010, the Defendant entered into a loan transaction agreement between G (FH branch of the Daegu Bank) and the head of the H branch of the Daegu Bank (FH branch of the Daegu Bank) to grant a loan from the Daegu Bank to repay the said loan. On February 26, 2010, the Defendant paid for the intermediate payment of KRW 598 million, which the Defendant bears with respect to the apartment of this case, on behalf of the Defendant, at H branch of the Daegu Bank H, Daegu Bank I located in Suwon-gu I, Daegu, Daegu, on behalf of the Defendant, for the payment of the intermediate payment of KRW 599,80,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,000,00).

In such a case, the defendant has a duty to acquire the ownership of an apartment unit sold by the defendant and at the same time to establish a right to collateral security to secure the claim equivalent to the amount of the loan to the damaged bank, in violation of his duty, and at the H branch of the Daegu Bank around April 29, 201.

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