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(영문) 수원지방법원 안산지원 2013.09.11 2013고정1280

배임

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who establishes a stock company C and actually operates it in the name of the defendant Eul.

On March 21, 2012, the Defendant purchased E Hansung 4.5 tons of D Building 207 in the name of Silsan-si, Inc., Co., Ltd., and borrowed KRW 100 million from the Victim Capital Co., Ltd., and on April 5, 2012, the Defendant registered the establishment of a collateral security right at the same truck with mortgage value of KRW 50 million, which is the mortgagee capital Co., Ltd. and bond value of KRW 50 million. As such, the Defendant’s duty to keep the truck until the repayment of the loan was made.

On June 2012, the Defendant borrowed KRW 20 million from G to G at the cargo parking lot located in Ansan-si F, Ansan-si, in violation of the above duties, and transferred the said truck to G as security.

As a result, the Defendant violated his duties, thereby acquiring pecuniary advantage equivalent to KRW 20 million, and the above victim suffered pecuniary loss equivalent to KRW 50 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (C company, a detailed statement of payment of interest for three months, a witness G telephone investigation, a witness H telephone conversations, and I telephone conversations of an employee of musical and non-life insurance for musical and non-life);

1. Complaint;

1. Application of Acts and subordinate statutes of an application for Oral Part;

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the Criminal Act and the choice of fines concerning criminal facts;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.