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(영문) 수원지방법원 2012.09.12 2012고합317
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 22, 2007, the Defendant entered into a contract to sell E forest land E 9502 square meters (hereinafter “instant real estate”) to the victim F in Ansan-si Office (hereinafter “the instant real estate”) with the victim F at KRW 1.1550 million, the Defendant paid the contract deposit of KRW 150 million on the date of the contract, the intermediate payment of KRW 250 million on August 29, 2007, respectively, and agreed to receive the remainder after completing land transaction permission for the instant real estate.

The Defendant received down payment of KRW 150 million from the victim on the date of the contract, and the intermediate payment of KRW 250 million on August 28, 2007, respectively, and on August 19, 2008, the Defendant succeeded to KRW 500 million to the Defendant’s debts to the Suwon Agricultural Cooperative Facul branch (hereinafter referred to as “UFF”), and from the victim, from August 22, 2008, the Defendant succeeded to the Defendant’s debts of KRW 50 million against the Defendant’s debtor.

8. The balance was paid 170 million won until 26.

The instant real estate was designated as the land transaction permission area from November 20, 2002, and was cancelled on January 31, 2009.

Therefore, after the cancellation of land transaction permission for the instant real estate on January 31, 2009, the Defendant had a duty to receive the remainder of KRW 80 million from the victim and simultaneously to make the victim implement the procedure for the registration of ownership transfer for the instant real estate.

However, in violation of the above duties, the Defendant took out a loan of KRW 940,000,000 from the Seongdong Agricultural Cooperatives (hereinafter “Culsung Agricultural Cooperatives”) located in Sungsung-gun, Sungsung-gun on March 30, 201, and entered into a mortgage contract with the maximum debt amount of KRW 1.22 billion to secure the loan regarding the instant real estate on the same day, and even though the establishment registration was completed on the same day, the Defendant entered into a mortgage contract with the amount of KRW 70,00,000 for loans to the new bank, and interest thereon KRW 25,381,037,000,000 and KRW 134,618,963,000 (=94,000,000 - KRW 75,381,037,000- KRW 80,000).

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