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(영문) 서울중앙지방법원 2016.02.17 2014고단5990 (1)
횡령등
Text

A defendant shall be punished by imprisonment for two years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 27, 2010, the Defendant was sentenced to imprisonment with prison labor for 4 months, 1 year, and 1 year and 2 months in Seoul Southern District Court, and the said judgment became final and conclusive on June 4, 2010.

Defendant

And H established and jointly operated a real estate implementing company called "J" on the third floor of the Gangnam-gu Seoul International Building in Gangnam-gu Seoul, and H was the representative director, and the defendant was the director in charge of funds.

Defendant

Along with the introduction of the Defendants, the victim G will enter into a contract to purchase a total of nine commercial buildings in Gyeyang-gu Incheon Metropolitan City (hereinafter referred to as “instant commercial building”) at KRW 1505,569,656 (the contract to pay KRW 30 million on January 16, 2008, the date of the contract; KRW 50,000,000 on January 21, 2008; KRW 50,000,000 on January 21, 2008; and the remaining gold to pay KRW 1,425,569,656 on February 5, 2008) with the victim’s loan as security and transfer the remaining commercial building on behalf of the victim.

In order to obtain money from the damaged party, the author conspireds to obtain money.

Defendant

On January 16, 2008, the defendant met the victim at the above J office and the defendant agreed to enter into a contract with the victim for the amount of KRW 2.2 billion.

When the purchase price is calculated as KRW 1.5 billion, the bank can obtain a loan of KRW 1.2 billion. In this context, 300 million will be paid by us in full from the bank loan to the registration date.

“A false representation was made.”

However, in fact, since Defendant and H were unable to be exempted from the hostile management after the establishment of the above company, they were thought to use all the money received from the victimized party as debt repayment and personnel expenses, etc., and there was no experience or performance in harming the commercial building loan, and there was no specific plan to obtain bank loan in relation to the commercial building in this case, and there was no ability to obtain bank loan of KRW 1.2 billion until February 5, 2008, which is the remaining payment date, and there was no intention or ability to normally transfer the ownership of the commercial building in this case to the injured party.

Nevertheless, it is not possible.

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