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(영문) 광주지방법원 순천지원 2014.11.26 2014고단974
배임
Text

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

Reasons

1. On June 201, the Defendant introduced the Victim F upon the request of the auditor E of the Korea Savings Bank to “the auditor of the Korea Savings Bank due to the audit of the Financial Supervisory Service, and thus, requested the said victim to provide only real estate security to the Korea Savings Bank without actually receiving a loan.”

On June 30, 201, the victim F, who is the victim's owner, set up a right to collateral security with regard to the building in the Kimhae-si, the debtor, the amount of the maximum debt, the maximum debt amount of KRW 4.42 billion, and the mortgagee as the Korea Savings Bank.

E promised to terminate the collateral two months after receiving the audit of the Financial Supervisory Service, but rather, it is difficult to terminate the collateral provided by the victim F at will on September 18, 201 due to the doping that was under the audit of the Financial Supervisory Service.

The Defendant provided real estate owned by many people other than the victim F to the Korea Savings Bank as collateral and established a collateral security. For the foregoing reason, when the termination of the collateral was not possible, the Defendant requested the Korea Savings Bank to compensate for losses on the side of the Korea Savings Bank, and the Defendant agreed to obtain a collateral security in the form of a collateral security on real estate owned by the president of the Korea Savings Bank.

In the past, a joint collateral is added to a loan of KRW 3.2 billion to the property owned by the Agent Orange Veterans Association as collateral, which is set up as a maximum debt amount of KRW 4.42 billion. As such, for the preservation of damages, the right to collateral security is set up in a double-mortgage method. As such, if the Defendant independently intends to create the right to collateral security under the name of the Defendant, the Defendant would have known the victims who provided real estate security, and obtain prior consent thereto, but is in violation of his/her duties, and thus, the victims,

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