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(영문) 서울북부지방법원 2016.09.09 2016고합6
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged in the instant case [Resumed Facts] around 2003 E, F, and G investing KRW 600,000 in around 200,00, and the Defendant was appointed as the representative director of the instant company.

On October 21, 2003, H entered into a construction contract with the International Dispute Resolution Co., Ltd. and Jeju Jtel to construct construction cost of KRW 25,710,00,000,00. However, after the I Resolution Co., Ltd. bears construction cost and proceeds from construction, the I Resolution Co., Ltd. (hereinafter “the hotel of this case”) completed the above Jeju K Hotel and sold it in lots, it would pay the construction cost with its profits.

I completed the above hotel on November 30, 2005, and H was registered as the ownership of the above hotel on January 31, 2006.

However, as the sales performance of the above hotel room is low, H was not able to pay the construction cost which was promised to the I hotel, and accordingly, he disposed of and entrusted the above hotel to the I hotel on February 5, 2006 through a resolution of the board of directors of H of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K,

Even after the KAF H, it was impossible to pay the construction cost to the KAH, and accordingly, the defendant, the representative of the KAFH, shall cooperate with the KAF in the implementation of the existing trust agreement, transfer the ownership to the company designated by the IAFF or the IBF and transfer all of the rights concerning the operation of the above hotel, and in return, IAF shall exempt the KAF H from all of the liabilities to the KAFH, such as unpaid construction cost, and additionally, it shall pay the compensation amount of KRW 1,716,179,07 in compensation for the expenses, etc. that he has invested until the time in connection with the operation of the above hotel. In accordance with the above settlement agreement, IF shall divide the additional purchase cost for subparagraph 714,581,289 won, excluding the additional purchase cost, 164,597, 597, 208, 208.

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