배임
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 14, 2013, the Defendant entered into an installment financing agreement with the victim SP Capital Co., Ltd., Ltd., located on the 163 and 7th anniversary of the Dong-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 201, to purchase a 7.5 ton walk truck (on the house) with the victim in the name of the person related to the Dong-gu (hereinafter “this case-type truck”) under the name of the person related to the Dong-gu, and to redeem the 2,121,681 won each month between 75 million won and 48 months by equal repayment of the principal and interest. On October 23, 2013, the mortgagee established the “SP Capital” and the claim value of the car-type truck with the victim as a collateral for the above loan.
In accordance with the above agreement, the Defendant had a duty not to do any act that may substantially lose the collateral value by transferring this car truck to a third party without the consent of the injured party while paying the borrowed money to the injured party each 2,121,681 won each month between 48 months and 48 months.
Nevertheless, the Defendant violated his/her duties and issued to E a certificate of seal impression in the name of D, which is a document on the transfer of the ownership of the main car and the direct trade contract for the direct trade of the parties, at the time of August 1, 2014, and indicated in the facts charged in the indictment of KRW 9.5 million from E as “9 million,” but, according to the Defendant’s legal statement, the Defendant’s prosecutorial statement, the suspect interrogation protocol for the Defendant, the police statement for E, the copy of the passbook, etc., it appears that “9.5 million won” is a clerical error in the indictment.
B It was impossible for the victim to exercise the mortgage because it was not known that the possession of the main car in the possession of the main car as security, the victim provided the main car truck as security, and the fact that E possessed the main car in the possession of the main car.
Accordingly, the Defendant’s remaining debt amount (=the remaining debt amount around July 15, 2014) from the injured party on August 1, 2014.