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(영문) 광주지방법원 2016.10.20 2016고단2432
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant operates limited liability company E in Dong-gu, Gwangju Metropolitan City, and is an auction hub which acts on behalf of others for the overall auction, such as bidding, successful bid, etc. of auction real estate.

On October 2014, the defendant consulted the victim F with the creditor about the progress of the auction of real estate which set up the right to collateral security as the creditor.

On August 23, 2013, the aggrieved party leased KRW 130 million to I Co., Ltd., an agricultural company, the owner of the Ham Chang-gun and three parcels of land (hereinafter “instant real estate”) (hereinafter “the instant real estate”), and created a right to collateral security on the instant real estate. However, on March 7, 2014, the lower court’s first priority mortgagee J et al. applied for a voluntary auction on the instant real estate on March 7, 2014 and made a decision to commence a voluntary auction (Seoul District Court branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch for KRW 31,182,700 as the deposit and paid KRW 31,182,700 as the deposit on September 15, 2014.

From November 2014 to March 2015, the Defendant contacted the victim and L, the representative director of the Incorporated Agricultural Company I, the Defendant “A withdrawal of an auction applied by the non-party and one other, and the cancellation of the mortgage established by F and G, set up a provisional registration against a limited liability company E as security, and changed the shares of a juristic person to 30,000. In repayment of KRW 400 million, provisional registration shall be cancelled and the shares shall be returned.” The victim “The minimum sale price on January 26, 2015, the fourth sale date of which was 218,279,000, which was the fourth sale date, was merely 218,279,000 won, and the minimum sale price on March 2, 2015, which was 5th sale date, was 152,795,000 won, which would have been appropriated for KRW 200,000,000,000 won.”

On March 2, 2015, the Defendant won the instant real estate in KRW 201,490,000.

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