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(영문) 부산지방법원 2014.05.15 2014고정139

업무상배임

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of "C" for cargo transport business, etc. in Busan Jung-gu.

The defendant has a duty to not arbitrarily establish a mortgage on the cargo vehicles that the defendant left to the above corporation.

1. On December 31, 2010, the Defendant received a loan of KRW 25,00,000 from Hyundai Social Co., Ltd. at the above corporate office, and in violation of its duties, the Defendant arbitrarily created a mortgage on the E truck with the content of “the amount of KRW 25,000,000,000 on the part of the mortgagee Hyundai Social Co., Ltd., Ltd., the address of Yeongdeungpo-gu Seoul Metropolitan Government, and the amount of KRW 25,000,00,000, to the victim of the said corporate office,” thereby causing damage to the victim, who is the borrower.

2. On March 29, 2012, the Defendant borrowed 50,000,000 won from F from F at the vehicle registration office of Gangseo-gu Busan Metropolitan City located in Gangseo-gu Busan Metropolitan City, Busan, and breached his duties, and the Defendant arbitrarily set up a mortgage on the truck as stated in paragraph (1) of the above Article, stating “the mortgagee F, Address G, G, Mortgager C, debtor C, the debtor C, and the bond value of KRW 50,000,00,000,” which is the victim D left into the said corporation, thereby causing property damage equivalent to the same amount on the part of the land owner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a copy of an entrustment contract for transport business, a copy of motor vehicle register, and a certificate of full registration;

1. Relevant Articles 356 and 355 (2) of the Criminal Act and the choice of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;