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(영문) 서울고등법원 2020.01.16 2019노1718
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the facts charged of the instant case [basic facts] B, a corporate association, and C, around September 10, 2012, entered into a “I” aiming at creating F (hereinafter “instant project”) the site for the E Urban Housing Site Development Support Project in Gwangju-si (hereinafter “instant land”) with the aim of creating, etc. F (hereinafter “instant project”). On January 7, 2013, H et al. pursuant to the FFFV’s note of the said investment sea, around January 7, 2013, pursuant to the said note of the investment sea, H et al. is a special purpose company in the form of Specing Investment Company (FFFV).

Since its establishment on November 27, 2013, the victim JJ Co., Ltd. (hereinafter referred to as "victim J") holding 70% of shares by I.D.

was established.

I is K 'K (K) operated by the defendant on May 22, 2014 and December 2 of the same year.

(i) provide 70% of the victim J shares held by I as security for transfer and look at K as KRW 4 billion (related to the first down payment) and KRW 3.45 billion in total, KRW 3.45 billion in writing, but the entry is written in writing as stated in the indictment (a total of KRW 7.45 billion related to the second down payment). It borrowed KRW 7.5 billion in total, and this year.

5. On 29. 29. The injured party J made a sales contract with the Korea Land and Housing Corporation (hereinafter “LH”) for the instant land in KRW 69.46 billion, in total, KRW 6.94 billion as the first and second down payment, but the injured party J appears to be a clerical error in the amount of KRW 6.94 billion as stated in the indictment, or as stated in the indictment.

On the other hand, the said money was paid by I as the money borrowed from K operated by Defendant.

A. The payment was made.

On the other hand, on December 31, 2014, the Defendant established L Co., Ltd. (hereinafter “L”) with K’s subsidiaries, and thereafter transferred the claim KRW 7.4550 million to K L between K, I, and L third parties to L, including a contract, L and I, and the victim J 3, which I had against the victim J, KRW 50 million out of the claim for the first down payment and KRW 3.45 billion related to the second down payment.

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