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(영문) 수원지방법원 안양지원 2014.06.12 2013고단1617
배임
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around April 6, 2002, the Defendant: (a) obtained a loan of KRW 450 million from a victim’s agricultural cooperative; (b) around April 6, 2002, the Defendant agreed on the right to collateral security and superficies of KRW 30,000 for the duration of the instant land as collateral (or KRW 18,000,000 on August 27, 2003; (c) KRW 185,000,000 on January 15, 207; (d) the Defendant agreed on the right to collateral security and superficies of KRW 150,000 on August 13, 200; (e) the right to collateral security and the right to collateral security to the victim; and (e) the Defendant agreed on the additional loan of KRW 50,00,000 on October 19, 209; and (e) the said right to collateral security to the victim; and (e) was newly constructed on May 31, 2005.1.

The Defendant, upon obtaining the consent of the victim pursuant to the above agreement, was performing new construction of the building on the ground of the instant land (at least 100% of the operating rate, at least 95% of the same Act), and upon receiving an application from D for provisional attachment on the two Dongs (A, B) of the said building being newly constructed on September 6, 201, due to the entrustment of provisional attachment registration pursuant to the provisional attachment decision of Sungwon District Court's Sungnam branch, the registration of preservation of ownership on the two Dongs of the above building has been completed in the Defendant future, and has violated the duty to provide the victim with the first priority on October 25, 201. On the other hand, the Defendant completed the registration of establishment of a mortgage on the two Dongs of the building through E from Sungnam branch of Suwon District Court's Sungnam branch around October 25, 201 to D the maximum debt amount of KRW 30 million, and completed the provisional registration on the ground of a provisional attachment on the two Dongs (A, B), and on May 2, 2012.

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