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(영문) 춘천지방법원 2011.07.19 2010고단738

사기 등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant was a vice president who has worked as the representative of C from around 2004 to April 2009, and the victim E is a person who actually operates F from around 1999 to April 2009, which supplied habitats, bags, etc. to the above D.

1. On December 3, 2008, the Defendant in breach of trust made a registration of creation of a mortgage of the maximum debt amount of KRW 530 million in the name of the Defendant with respect to H-si land and buildings owned by the Defendant, and the amount of KRW 314 billion in face value, as to a promissory note, which is located on December 30, 2008, the date of payment, 100 million in face value, 10 million in face value, 100 million in face value, 138 million in face value, 100,000 won in face value, 314 million in face value, and 30 million in face value, in order to secure loans to the Defendant for H-si land and buildings owned by the Defendant.

The Defendant sought the victim immediately after the establishment of the right to collateral security and explained the background leading up to the establishment of the right to collateral security in the name of the Defendant.

In such cases, the defendant has the duty to maintain the right to collateral security established in the name of the defendant for the victim until the third of the above Promissory Notes, the sum of face value of which is 314 million won, is settled at the date of payment.

Nevertheless, on March 6, 2009, the Defendant violated the above duties and arbitrarily cancelled the registration of the establishment of a mortgage on the part of the Defendant under the name of the victim without the consent of the victim.

As a result, the Defendant acquired C’s financial benefits equivalent to the sum of the secured claims of the above right to collateral security [the sum of face value 10 million won, face value 138 million won, face value 138 million won, and promissory note 1, which was dated March 6, 2009, with no due date due date due as of March 6, 2009], and caused property damage equivalent to the same amount to the victim.