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(영문) 서울중앙지방법원 2015.07.24 2014고합1124
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

On April 29, 2009, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court on April 29, 2009, and the judgment became final and conclusive on May 7, 2009.

On August 13, 2003, the Defendant purchased land of 120 billion won and 13 parcels of land (hereinafter “instant site”) from Namyang-si, Namyang-si, and continued its apartment construction project with loans of 20 billion won under the payment guarantee of the Daewoo Automobile Sales Co., Ltd. (hereinafter “Treatment Automobile Sales”). On January 13, 2004, the Defendant purchased the above loans of 101, 102, 201, 202, 201, 202, 301, 302, 104, 110, 123, underground, 124, underground, 127, 128, 124, 134, 141, and 142 of the above loans, and completed the registration of ownership transfer (hereinafter “instant commercial building”) in the name of 205, 200.

On the other hand, on the other hand, on November 30, 2005, the registration of creation of a mortgage of the maximum debt amount of 3 billion won in the name of the Dong-gu, Busan on November 30, 2005, and on December 29, 2005, the registration of creation of a mortgage of 910 million won in the name of the maximum debt amount of neighboring fire marine insurance corporation was completed

(hereinafter the above right to collateral security (hereinafter referred to as the "mortgage 1 and 2") . The Defendant was faced with a crisis that might arise after the above business, and around July 12, 2007, in the name of M Co., Ltd. (hereinafter referred to as "M") operated by the Defendant, the victim Co., Ltd. (hereinafter referred to as "victim Co., Ltd.") of N operation closed a dispute over the site of this case and transferred the ownership of the commercial building of this case, and in return, damage therefrom.

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