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(영문) 울산지방법원 2018.01.05 2017고단2614

배임

Text

Defendant

A Imprisonment with prison labor for four months and for eight months, respectively.

(2) the date of this judgment.

Reasons

Criminal facts

In order to raise funds in an economic difficult situation, the Defendants purchased a heavy loan using a loan from a medium loan from a medium loan, sold it to divide profits or provide it as security, and purchased a heavy loan under the name of the Defendant A, the representative director of the corporation, in preparation for the joint business with the future loan, etc., and the Defendant B conspired to take charge of the business of selling a medium loan from a medium loan from a medium loan to another person or providing it as security.

On October 8, 2015, the Defendants purchased a car in Fti-gu in Busan City’s annual system D in the name of Defendant A, and borrowed KRW 30,000,000 from one victim capital corporation to cover the purchase price of a car. On or around the 13th of the same month, the Defendants registered a mortgage creation for the said car purchased by the Defendants as collateral one mortgagee, one capital corporation, the amount of credit of KRW 15,000,000,000, and thus, the said car has the duty to keep it for the purpose of security until the loan is refunded.

Nevertheless, the Defendants violated the above duties on October of the same year, and borrowed KRW 7,000,000 from G, which is the seat of Defendant B, in the vicinity of the Jung-gu Seoul Metropolitan Government, to transfer the said car as security.

As a result, the Defendants conspired in collusion with the victim to inflict damages equivalent to KRW 15,000,000 for the amount of the collateral security claim, and acquired pecuniary benefits equivalent to the same amount.

The facts charged are as follows: “In collusion, the Defendants acquired the pecuniary advantage equivalent to KRW 7 million borrowed from the above G, and thereby inflicted damages equivalent to KRW 15 million on the victim’s claim value.” The Defendants disposed of the collateral collateral equivalent to KRW 15 million of the claim amount.