배임
The Defendants are not guilty. The Defendants are not guilty. The summary of each of the instant judgments against the Defendants is publicly announced.
1. Article 355(2) of the Criminal Act provides that “When a person administering another’s business obtains pecuniary advantage or causes a third party to obtain such benefit by committing an act in violation of his/her duties, thereby causing damage to the principal, he/she shall be punished by imprisonment for not more than five years or by a fine not exceeding 15 million won.” The facts charged in this case are as follows: (a) the summary of the facts charged in this case is that the Defendants conspired to commit a breach
Defendant
B around December 26, 2017, Defendant A, a son, lent KRW 40 million to the complainant C (hereinafter “Appellant”) on the land on ten parcels of land located D at net time as collateral for the above borrowed money, and the debtor E farming association (hereinafter “the above farming association”) and the mortgagee of the right to collateral security (hereinafter “the instant right to collateral security”) was established in the name of the debtor E farming association (hereinafter “the above farming association”) and the maximum debt amount of KRW 260 million,00,000,000 to Defendant B. Since the complainant agreed to transfer the above right to collateral security again if the 40,000,000 won is fully repaid to Defendant B, the complainant is obligated not to perform any act of disposal regarding the instant right to collateral security, which was provided as collateral before repayment is made by the complainant.
Nevertheless, the Defendants conspired and agreed to receive KRW 15 million from F or G in violation of the above duties and agreed to obtain KRW 15 million from Defendant A, and around May 15, 2018, the right of delegation, seal imprint, etc. delivered from Defendant B to Defendant B to cancel the right of collateral security partially created out of the joint collateral of the instant right of collateral security, and some part of the right of collateral security F and G have registered the transfer in the future.
As a result, the Defendants conspired to act in violation of their duties, thereby causing damages equivalent to the maximum debt amount and acquiring pecuniary benefits equivalent to the above amount.