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(영문) 서울중앙지방법원 2017.12.21 2017고단3404

배임

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] On April 10, 2014, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Central District Court, and the above judgment became final and conclusive on April 18, 2014.

[2] On September 23, 2012, the Defendant loaned 40 million won per month to the victim C at the mutual infinite coffee shop located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, for the lack of funds due to the lack of funds, the Defendant would pay 1.2 million won per month for interest and repay the principal to the victim without the mold until October 25, 2012.

In addition, it is necessary to provide 100 million won as security for Poshion 1 early (2.2km) 1,000 Poshion , Poshion 2 early (2.0km), Poshion 1,000 Poshion 2 early (2.0km) 1,000 Poshion Poshion 100, Songpa-gu Seoul Metropolitan Government 100 million won.

In addition, if the payment date has elapsed, it is difficult to dispose of the fracker storage expenses.

In addition, if the disposal price does not reach the appropriation of the principal and interest of the loan, the shortage shall be paid separately.

“Around September 26, 2012, “Around the same date,” issued a certificate of borrowing and a letter of confirmation issued in freezing to the same purport, and received 34 million won from the injured party to the post office account in the name of D as designated by the Defendant on the same day after deducting the interest, etc. from the day.

Therefore, the Defendant had a duty not to unfairly reduce the value of the collateral by keeping the above digging expense and disposing of it to a third party in order to achieve the purpose of the collateral on behalf of the transferor as a secured party.

Nevertheless, the Defendant violated his duties and sells it to E from the freezing warehouse of freezing on October 25, 2012 and on January 10, 2013, respectively, and thereafter acquires property benefits equivalent to KRW 40 million equivalent to the above borrowed principal by disposing of the above collateral to a third party around that time.