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(영문) 춘천지방법원 영월지원 2018.01.11 2015고합22
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendants shall be punished by imprisonment for one year and six months.

However, from the date this judgment becomes final and conclusive, for Defendant A, two years.

Reasons

Punishment of the crime

Defendant

A The name of the agricultural partnership D (hereinafter referred to as “D”) was leased from E to receive KRW 30 million for the use of the name, and was appointed as the above D’s nominal representative director around November 27, 2013. Defendant B entered into a construction contract with the content that, around March 2014, Defendant B would build a new building on the ground of four lots of land, such as E and the Gangwon-gun F, Gangwon-gun, Gangwon-do, the ownership of the said D and receive KRW 400 million for the construction cost.

1. In order to secure the claim for the construction cost that Defendant A is the representative director on the name of Defendant D, Defendant B, such as an electronic record, etc., prepared a written contract for the establishment of a right to collateral security necessary for the establishment of a right to collateral security under Defendant B’s name with respect to the land and the land and the building 4 Dongs (hereinafter “D-owned real estate”) on the fourth parcel of land, such as Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City F, which are owned D, in order to establish a false right to collateral security.

Defendant

B around October 17, 2014, at H A certified judicial scrivener office located in Gangwon-gu, Youngwon-gun, G, and in fact, Defendant A did not have the right to establish a mortgage under the name of Defendant B on the D real estate owned by Defendant B without permission from E, the actual representative director, because he was merely the representative director on the D’s name, and even if Defendant B was aware that there was no such right as above, even if the above registration was completed, the above registration becomes null and void, even if Defendant B had employees in the name of the above certified judicial scrivener office make a contract for establishment of a mortgage stating “B,” “debtor of the above certified judicial scrivener office,” “debtor D representative director of the incorporated farming association,” “Person D representative director of the incorporated farming association,” “Person D representative director of the incorporated farming association, etc., Gangwon-do, and 4 Dong building on its ground,” and Defendant A signed and sealed the seal of D’s name on the said contract, and had the employees in the above certified judicial scrivener’s name and the employees in the above non-owned district court.

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