배임
The defendant shall be innocent.
1. Around January 14, 2010, the Defendant entered into an agreement on the “sale security” agreement with the victim to transfer ownership to the victim, and to keep the Defendant’s possession of the said automobiles by way of the occupancy revision, at the office of the automobile import and sale business chain Co., Ltd., the Seocho-gu Seoul Metropolitan Government (CB112), the Defendant borrowed KRW 320 million from the victim New Farm Capital Co., Ltd. to KRW 350,000,000, which was imported and kept by the Defendant.
The Defendant had the duty to keep the said Benz 350 automobiles in accordance with the above agreement until the repayment of the loan was made.
On February 4, 2010, the Defendant, in violation of the above duties, sold one of the above benz automobiles to E at KRW 1.6 million. On February 5, 2010, the Defendant sold one of the above benz automobiles at KRW 1.4 million to F, and around February 25, 2010, one of the Lenz automobiles sold to F at KRW 1.3 million to the Lenz Industries, and around that time, the Defendant transferred the above benz automobiles to each purchaser.
Accordingly, the Defendant acquired property benefits equivalent to KRW 310,000,000,000 for the sale price of three passenger cars at the above benz, and suffered damages equivalent to KRW 320,000,000 of the secured claim amount to the victim.
2. On January 11, 2010, according to the evidence duly adopted and investigated by this court, the Defendant, who operated D Co., Ltd., concluded a sale security agreement with the victim Co., Ltd. on or around January 11, 2010, and received a loan from the victim Co., Ltd. on or around the 14th of the same month, and offered each of the above automobiles as security by importing each of the above automobiles, and issuing one of the certificate of import declaration and one of the two of the two of the two of the five of the two of the two of the two of the two of the two of the two of the two of the two of the above automobiles for the purpose of securing the loan obligation. In the event D Co., Ltd sells the above automobiles to a third party in Korea, the above principal and interest shall be paid upon receiving