배임등
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On May 29, 2017, the Defendant: (a) borrowed KRW 5,500,000 on the condition that the principal and interest of each month shall be repaid for 36 months from May 29, 2017 to May 29, 202 at the office of a stock company C (hereinafter “victim”) (hereinafter “victim”) located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Defendant”); and (b) concluded an agreement with the Victim Company setting up a right to collateral security of KRW 7,150,000 on the 5-car owned by the Defendant.
The Defendant, in accordance with the agreement, had the duty to keep the said car faithfully so that the victim company, who is the mortgagee, could achieve the purpose of the security, provided the said car as security by borrowing the amount of KRW 4,000,000 from D at an irregular place around September 2017, in violation of such duty.
As a result, the Defendant provided the said car to D as collateral and acquired pecuniary benefits of KRW 4,000,000, and incurred damages of KRW 7,150,000 to the victim company equivalent to the amount of collateral security.
2. Around May 29, 2017, the Defendant obtained a loan of KRW 5,500,000 on the condition that the principal and interest on each month shall be repaid for 36 months from May 29, 2017 to May 29, 2020, at the victim company office, and on the same day, entered into an agreement with the victim company setting up a right to collateral security of KRW 7,150,000 on the five automobiles owned by the Defendant.
On September 2017, the Defendant borrowed KRW 4,00,000 from D at an unspecified place and offered the said car as security, and caused the said D to move the said car to a non-floor.
Accordingly, the defendant concealed the above car which was the object of the mortgage of the victim company and obstructed the exercise of rights.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the head of a complaint (Seoul Northern District Prosecutors' Office 2019 type No. 27630)
1. Relevant Article 355(2) and (1) of the Criminal Act concerning criminal facts (the point of breach of trust) and the Criminal Act.