beta
(영문) 수원지방법원 2018.02.08 2017고정3005

배임

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On June 13, 2012, the Defendant was sentenced to six months of imprisonment for fraud, one year of probation, etc. at the Suwon Franchi, and the judgment became final and conclusive on June 21, 2012. On October 16, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution on October 24, 2013, and the judgment became final and conclusive on October 24, 2013.

[Criminal facts] The Defendant was a person who was the actual representative of the limited liability company D in E in eternity C.

On January 22, 2010, the Defendant borrowed KRW 160 million from the victim E from the victim E, and provided the victim with KRW 2.5 tons of KRW 160 million and KRW 1.4 to the victim as collateral for transfer of the above borrowed debt and kept the same again by means of possession revision.

Therefore, even though there was a duty to keep and manage the vehicles offered as a security by the transferor so that the secured party can exercise his/her security right, the Defendant violated this duty and arbitrarily disposed of the amount of KRW 1,50 million on November 23, 2010 on the condition that he/she takes over and pays additional KRW 1,50,000,000 to H around 12.4 tons of G1.4 tons of cargo, and takes over the obligations established in the above cargo, and the Defendant took over the obligation of KRW 1,00,000 or KRW 2,000 to J, and then arbitrarily disposed of the amount on the condition that he/she exempted the Defendant from the obligation of KRW 1,00,000 to KRW 1.5 million.

Accordingly, the Defendant arbitrarily disposed of the transferred collateral two times in total, thereby acquiring approximately KRW 2.5 million or KRW 3.5 million, and suffered property loss equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the police for E;

1. Complaint;

1. The certificate of transfer;

1. Original register of vehicles;

1. A report on investigation (report on change of the rate), investigation report (referring to a witness;