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(영문) 청주지방법원 2018.10.18 2018고단99

업무상배임

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who is actually engaged in the management and operation of a bus in the course of operating a stock company B established for the purpose of chartered bus transportation business, etc.

1. On March 2014, the Defendant, in breach of occupational trust against the victim C, sold D chartered bus owned by the said company to the victim C for KRW 140 million, but entered the contract with the said company to enter the said bus. Since the Defendant received KRW 140 million in total from the victim from April 1, 2014 to the 30th of the same month, the Defendant had a duty to preserve the property value of the said bus, which is a vehicle for the victim, on behalf of the borrower.

A. On October 20, 2015, the Defendant Company B violated the above duties, and obtained a loan of KRW 130 million from F from the office of the Co., Ltd. located in Sinju-si, Cheongju-si, and without the consent of the victim, set up a mortgage on the above bus for the amount of KRW 130 million equivalent to the value of the mortgagee F, the obligor G, the claim, and the claim on the above bus as security without the consent of the victim, thereby enabling the Defendant B to obtain pecuniary benefits equivalent to the above amount, and causing property damage equivalent to the above amount to the victim.

B. The Defendant violated the above duties and around May 9, 2016, at the same place as the above paragraph (a) above, and without the consent of the victim, set up a mortgage on the 12 buses including the above bus as security for the existing loans to H H Co., Ltd., the mortgagee H Co., Ltd., B, the debtor Co., Ltd., and the bond price of 48 million won, thereby having the victim obtain pecuniary benefits equivalent to KRW 4 million and causing property damage equivalent to the same amount to the victim.

2. On July 30, 2014, the Defendant in breach of occupational trust against the victim I entered into a contract with the victim I to receive and manage the J (K prior to the change) chartered, and the Defendant is on behalf of the victim, who is the borrower.