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(영문) 부산지방법원 2015.02.06 2014고단6290
배임
Text

The Defendants publish the summary of the judgment on each of the Defendants not guilty.

Reasons

1. Defendant A, from May 13, 2008 to 2008, is the head of the G reconstruction and rearrangement project association (hereinafter “instant association”) that implements the F apartment reconstruction construction on the land outside of 2 lots of Geumcheon-gu, Busan. Defendant B, on April 17, 2012, is the representative director of H, a corporation, who entered into an agreement with the instant association as an agent to implement the execution of the obligations, taxes, etc. related to the apartment complex with the funds by means of sale, sale, loan, etc.

Around May 15, 2008, the instant association selected I Co., Ltd. as a contractor and entered into a contract for the said apartment construction subcontract with the total construction cost of 11.26 billion won, and the construction cost was 36 households and four of 10 commercial buildings among the 78 households in total of the above F apartment 78 households and 10 commercial buildings on the condition that I Co., Ltd. shall be paid as substitute goods.

Defendant

A On December 12, 2011, after receiving a request from the J of the said I Co., Ltd. to borrow 500 million won as a bond due to a shortage of construction funds from the J of the said I Co., Ltd., and accepting the request from the I Co., Ltd. to provide bonds with a bond company with a right to sell the housing units to be paid in lieu of the I Co., Ltd. among the above apartment units as collateral, A, after opening the special meeting of the I Co., Ltd., and obtaining the consent, on December 16, 201, after borrowing 120 million won from the above J. K and borrowing 120 million won from the victim K which he/she became aware of through the J, 39% per annum and the due date on March 2012, 201. In the event that the payment is not made by the due date, A entered into an agreement with the I Co., Ltd. to transfer the ownership of the above apartment units 101 Dong609, and prepared a sales contract for the above apartment units.

Defendant

A, as the above borrowed money was fully paid on its job, there was a duty to implement the procedure for the registration of ownership transfer of the above apartment to the victim upon the expiration of the patrolman on March 2012 in accordance with the above agreement. Defendant B and the above defendant B around April 2012.

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