배임
Defendant
A and B Imprisonment for six months, and Defendant C shall be punished by a fine of three million won, respectively.
Defendant
C The above fine.
Punishment of the crime
Defendant
On November 23, 2016, A was sentenced to imprisonment with prison labor of ten months in the Dong branch of the Busan District Court due to fraud, etc. and the above judgment was finalized on February 18, 2017.
Defendant
B On July 3, 2015, on the 11st of the same month, the Busan District Court sentenced the suspension of the execution to 10 months of imprisonment for fraud, which became final and conclusive on the 11st of the same month.
1. Defendant A and Defendant B purchased cubs car in the name of the injured party G, but failed to pay the installments. Defendant B received a demand from the injured party on June 2015 to dispose of the said car and ask Defendant A to be exempted from the loan obligation and delegated the right to dispose of the said car with the injured party to dispose of the said car. As such, Defendant A and the injured party was delegated the right to dispose of the said car, despite the duty to dispose of the said car with proper buyer and to have the loan obligation succeeded to the buyer, Defendant B violated the duty and prepared “the letter of performance of the vehicle” for the disposal of the said car in the name of the injured party on July 2, 2015, the duty of the injured party was to make it clear whether Defendant C, who is the owner of the vehicle, was able to take over the above vehicle under the name of the injured party on the day before the date of delivery, and each of the above obligation was not verified.
As a result, the Defendants conspired to handle the affairs of the victimized person as above and in violation of their duties, thereby obtaining property benefits equivalent to KRW 37 million at the market price of the said car from the victim, thereby causing property damage equivalent to the same amount to the victim.
2. The Defendant’s aiding and abetting the breach of trust by Defendant C is indicated in paragraph (1).