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(영문) 광주지방법원 순천지원 2015.01.21 2014고단1768
배임등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On August 7, 2009, the Defendant, as the representative director of the company D, committed the crime against the victim C, agreed with the victim with a right to collateral security regarding the E- truck owned by the said company, with a view to securing the loan amount of KRW 190 million against the victim C. Around September 28, 2009, the Defendant created a right to collateral security of KRW 150 million with respect to F and G truck owned by the said company. Around September 28, 2009, the Defendant created a right to collateral security of KRW 80 million with respect to the maximum debt amount for F and G truck owned by the said company, and agreed with the victim with respect to three high-tension washing machines attached to the said three truck, with the effect of the right to collateral security.

Nevertheless, on January 201, 201, the Defendant moved three of the above truck to a luminous port and to an aesthetic place within the dynasium Corporation, thereby hiding it, and removed three of the above high voltage washing machine from each other and voluntarily carrying it out to Thailand.

Accordingly, the defendant concealed the object of the victim's right, and interfered with the victim's exercise of right.

2. Crimes against victims H;

A. On April 23, 2010, the Defendant, as the representative director of D, filed a claim for a loan of KRW 350 million with the victim H, the Defendant paid KRW 175 million to the victim first and the remainder of KRW 175 million to the victim until December 25, 2010, on which, as a security, the Defendant agreed to set up a collateral security right of KRW 200 million with respect to the seven trucks of the said company as a collateral, the conciliation was concluded by the agreement to set up a collateral security right of KRW 200 million with the maximum debt amount.

On April 28, 2010, the Defendant created a collateral security right of KRW 200 million with respect to E, F, G, I, J, K, and L Truck, owned by the said company, with a view to securing a loan of KRW 175 million against the victim of the said company.

Nevertheless, around January 201, the Defendant moved five of E, F, G, I, and J trucks to the luminous port and to the incombustible place within the Dominal Corporation.

Accordingly, the defendant concealed the object of the victim's right, and interfered with the victim's exercise of right.

B. The Defendant in breach of trust is a stock company.

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