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(영문) 인천지방법원 2020.09.17 2019고단8519
배임
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is the owner who owns 1/3 of each of the nine parcels, including Bupyeong-gu, Incheon, and D, together with C and D, and the owner who newly constructed a building on the above land.

On July 14, 2014, the Defendant: (a) obtained a loan of KRW 1.68 billion to construct the said building from the victim FF located in Bupyeong-gu Incheon Metropolitan Government (hereinafter “victim F financial institution”); and (b) agreed to provide the said building as a security as well as the said land (hereinafter “instant real estate”) as an additional security without any other limited real right; and (c) at the time of registration of ownership preservation of the instant real estate, the Defendant had the duty to provide the victim financial institution with security, such as setting up the most priority right to collateral prior to the other debtor, prior to the registration of ownership preservation of the instant real estate

Nevertheless, in violation of the above duties, when the registration of provisional seizure was completed on May 31, 2016 due to the commission of the registration of provisional seizure with respect to the instant real estate on the ground that the Defendant borrowed KRW 50 million from G, the Defendant breached the above duties, and the registration of provisional seizure was completed on June 17, 2016, with respect to the instant real estate, the obligor is each H and the obligee is the creditor company, the maximum debt amount of KRW 1.2 billion against the obligee J, the creditor J, the maximum debt amount of KRW 300 million against the obligee K, and the first priority priority of the maximum debt amount of KRW 150 million against the obligee K was completed on June 23, 2016, and the obligor, C and D, the creditor, and the creditor H, with the maximum debt amount of KRW 1122,500,000,000,000.

As a result, the Defendant acquired a significant pecuniary advantage in the value of the security of the establishment of the first-class mortgage, which was established at the time of establishment of the instant real estate in accordance with the agreement with the victim financial institution, and caused a financial loss equivalent to the

2. The judgment of breach of trust is an act of a person who administers another’s business in violation of one’s duty to acquire pecuniary advantage.

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