배임
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On May 14, 2012, the summary of the facts charged was that the Defendant purchased two of the Defendant’s office located in Seocheon-gu, Seocheon-si E Building from another ordinary vehicle (ju) and entered into a contract to obtain a loan of KRW 150 million per unit from the victim Samsung Card (ju), and KRW 300 million per unit; around May 29, 2012, the Defendant entered into a contract to obtain a loan of KRW 150 million and KRW 300 million per unit from the victim Samsung Card; and the victim Samsung Card (ju), as the obligee, established a collateral security right of KRW 150 million,000,000,000,000 from around that time, to July 17, 2012, the Defendant received a total amount of KRW 500,500,000 from the victims’ loans and received KRW 505,500,000,000 from each of the victims’ loans to the above KRW 505 billion.
Nevertheless, until June 17, 2013, the Defendant paid 34,643,841 won with the principal and interest on the Victim Samsung Card (ju), paid 21,706,6160,000 won with the principal and interest on the victim’s Hyundai Capital from July 1, 2013 until July 1, 2013, and paid 12,930,7540,000 won with the principal and interest on the victim’s Arabic Capital (ju) by July 15, 2013, and did not repay the remainder of the loan as shown in the annexed list of crimes, and disposed of the five of the above cargo vehicle by a way of no identification of the five cargo vehicles by the victims on September 2013, thereby making it difficult to implement a collateral security.
As a result, the defendant suffered damages equivalent to the total amount of loans of 540,522,789 won and acquired financial benefits equivalent to the same amount.
2. Determination
A. The Defendant asserted consistently from the investigative agency to the instant court, and the Defendant parked the freight onto the factory located in Ulsan-dong, but no more than two to three weeks thereafter, and the five freight cars (hereinafter “instant vehicle”) were in progress.