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(영문) 서울중앙지방법원 2013.11.08 2012고합1455
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person working as the deputy head of F Co., Ltd. (hereinafter referred to as “F”), and Defendant B is the representative director of G Co., Ltd. (hereinafter referred to as “G”), and I is a person who assumes the name of “J”, his/her own punishment, and is a person who assumes the authority to act on behalf of the victim limited liability company K (hereinafter referred to as “K”) or G.

K, in order to coordinate various interested parties' understanding of the above project location with respect to the construction project of Nlease apartment on the ground (hereinafter "the above real estate") of M M, M, 8 lots of land M, which was suspended due to the shortage of funds, K entered into a real estate management trust contract with F as "performance of ownership management duties, etc. on the trust real estate", "K", "F", "F" with the trust contract term "one year after the registration", and registered this in the trust ledger as of December 21, 2009, and completed the registration of the transfer of ownership in the name of F on the same day.

Therefore, the defendant A, who takes charge of the above real estate management trust in F, has fulfilled his duty of care as a good manager, as a truster, based on the above real estate management trust agreement.

Nevertheless, the defendant A conspired to issue the first priority certificate for security trust with K as the debtor and deliver it to theO when borrowing KRW 1 billion from theO in violation of the duties of the defendant A, I, and B.

Defendant

A, the K representative director P does not consent to the preparation of the Project Agreement and the Fund Management Agency Contract, and on this premise, A shall be invested KRW 1 billion from theO and the O shall issue the first priority right certificate for the collateral trust for the project.

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