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(영문) 서울중앙지방법원 2015.01.16 2014고단5734
배임
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On April 24, 2007, the Defendant borrowed KRW 50 million from the victim F in Dongjak-gu Seoul Metropolitan Government office. On January 2, 2007, the Defendant: (a) prepared a certificate of transfer that he/she intends to transfer the mortgage (the maximum bond amount of KRW 300,000,000, the debtor G, the mortgagee A (the defendant) and its secured claim to the victim; and (b) prepared a certificate of transfer that he/she will transfer the above secured claim to the victim without objection if he/she fails to purchase KRW 4860,00,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,000,00 won.

The Defendant transferred the above right to collateral security and its secured claim to the victim, and until June 30, 2007, the Defendant did not let the victim purchase the forest land of 4,860 square meters located in Dobong-dong, Dobong-gu, Seoul. On May 25, 2009, the Defendant filed an application for voluntary auction on the ground of the above right to collateral security in the name of the Defendant located in 1,447 square meters in the Seoul Northern District Court located in Dong-dong, Seoul, Nowon-gu, Seoul, Seoul, filed with the Seoul Northern District Court on May 25, 2009. On August 21, 2009, G confirmed that the above right to collateral was transferred to the victim in the lawsuit for confirmation of the existence of the obligation owed to the Defendant with the Seoul Northern District Court and the cancellation of the collateral security registration. Accordingly, on October 15, 2009, the Seoul Northern District Court transferred the above right to collateral security from G to the victim for the withdrawal of the above real estate auction.

Nevertheless, on February 3, 2010, the Defendant is the status of the Silorianian Office in Seoul Special Metropolitan City, Nowon-gu I from G.

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