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(영문) 창원지방법원 2016.02.04 2015고단1745
배임등
Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 20 million won.

Defendant

B. A corporation.

Reasons

Criminal facts

Defendant

A on October 28, 2009, the Busan High Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and completed the execution of the sentence in the Changwon prison on February 13, 201.

"2015 Highest 1745"- Defendant A

1. On June 1, 201, at the Fnotarial Office located in Seo-gu in Busan, Busan, the Defendant made a false statement to the victim G that “The Defendant would acquire the insolvent apartment in Chungcheongnam-gu and sell it in lots. If the Defendant borrowed 500 million won as the down payment for the acquisition of an apartment, the principal shall be repaid in a lump sum within two months, and if the apartment is completed and sold thereafter, it shall be paid in an additional amount with profit.”

However, at the time of fact, the seller of the above apartment is demanding one billion won as the down payment for the acquisition of the above apartment, and even if he borrows the above money from the injured party, it is not clear whether to acquire the apartment as there is no way to prepare the remaining 500 million won. Furthermore, in order to acquire the above apartment and carry out the sale business, about 10 billion won is required, but even if the defendant received the money from the injured party due to lack of planning or ability to prepare it, he did not have the intent or ability

Nevertheless, the defendant deceivings the victim as above and obtained 250 million won from the victim, i.e., the victim, and obtained the delivery of 250 million won from the seat.

2. On December 201, 201, the Defendant acquired the above company from the former representative I of the said company around the end of December, 201, as a person who actually runs (ju) B in the window H of Chang-si, and around January 5, 201, the Defendant acquired the above company from the said company, and around January 5, 2010, the Defendant acquired the above company from the said company 13 machinery, such as JECTIO MUD M&G/C (GOLS) under the Act on Mortgage on Factories and Mining Foundation, with a loan of 1 billion won from the Defendant (state) around January 5, 2010.

As above, Defendant 1 is the object of security that set up the right to collateral security against the victim.

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