logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.01.11 2014고단3174
배임등
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

Of the facts charged against the Defendant, the charge of breach of trust is not guilty.2.

Reasons

Punishment of the crime

[criminal record] On January 8, 2016, Defendant A was sentenced to 8 months of imprisonment for the crime of embezzlement and 2 years of suspended execution at the Daejeon District Court, and the judgment became final and conclusive on May 18, 2016.

[Criminal facts]

1. Defendant A

A. The non-high company K (trade name after the change: L. hereinafter “K”) operated

C In March 2012, while carrying out a new apartment construction project with M for the land of Hongsung-gun, Hongsung-gun, which was acquired by M around Mar. 21, 2012, the said land was partitioned and the project was carried out by means of obtaining a separate building permit for each divided parcel of land, and registered the ownership transfer of two parcels of land (O, P, and hereinafter “each parcel of land in this case”) among divided parcels of land on June 21, 2012 in the name of the Defendant’s married Q.

In addition, the defendant was involved in C's authorization and permission of the above business, the selection of the contractor, and the loan-related business.

However, around July 2013, there was a dispute between the Defendant and C around August 2013, when the construction cost received in connection with the construction of the apartment complex as a result of the introduction of the Defendant (hereinafter “R”) was hot for other purposes.

Therefore, even though the Defendant agreed that Q would transfer the ownership of each of the instant land in the name of C and Q from June 12, 2013 to K if it did not start up by August 22, 2013, the Defendant violated the “matters of the Special Agreement on Contracts for the Sale of Real Estate,” and received loans from the National Bank at will around December 20, 2013.

Accordingly, on October 27, 2014, the Defendant was charged with non-detained in breach of trust with the Seoul Eastern District Court on October 27, 2014 due to the act of providing each of the instant lands as security.

However, in the course of the investigation and trial of the above case, the defendant denies that he did not have any obligation to register the transfer of ownership to the above company.

arrow