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(영문) 서울중앙지방법원 2015.05.14 2014고합1045
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the person who actually runs the F Co., Ltd. in Gangnam-gu Seoul E building 801.

On December 29, 2006, the Defendant decided to purchase H and I salt farms owned by the Victim G in the City of He and I, and prepared a real estate sales contract with the victim, and paid 875,000,000 won for the down payment and 1,195,000,000 won for the intermediate payment on July 31, 2007, and paid 4,89,835,000 won in the name of F, and paid 4,89,835,00 won within four months after September 21, 201, which is the scheduled date of cancellation of a development restriction zone.

On April 3, 2008, the Defendant, as security for the remaining payment obligations of the victims, etc. of each of the above land, did not pay any balance after purchasing from J and K, and completed the registration of creation of collateral security in the name of F Co., Ltd. (hereinafter “the instant real estate”). The Defendant drafted a written agreement with the financial institution designated by J as security to complete the registration of creation of collateral security in the name of the victim. “When the J borrows funds from the financial institution, etc. as security of the instant real estate, the financial institution designated by J will take first, second, second, third, third, third, third, fourth, third, fourth, fourth, third, fourth, third, fourth, third, third, third, third, third, third, third, third, third, third, third, and third, third, third, third, third, third, third, third, and third, third, third, third, third, third, third, third, third, third

Therefore, even though the Defendant had a duty to complete the registration of creation of collateral security in the order of J, K, and third order with respect to the instant real estate as security for the remainder payment obligation, the Defendant breached his duty, following the J on February 23, 2011, completed the registration of establishment of collateral security (hereinafter “registration of establishment of collateral security”) with the maximum debt amount of KRW 4,89,835,000 against M, thereby causing property damage equivalent to the amount of KRW 4,89,835,000 to the victim, and had M, the same amount of money.

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