(영문) 대구지방법원 2019.03.14 2019고단375

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(영문) 대구지방법원 2019.03.14 2019고단375

횡령등

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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2017, the Defendant borrowed KRW 20 million from the injured party’s office located in Suwon-gu, Daegu-gu, and secured the Defendant transferred KRW 10 million to the injured party the right to return the lease deposit to the third party D, which the Defendant had against the third party obligor C, and transferred all the goods and facilities of the “E” shop operated by the Defendant by means of possession and alteration.

1. As such, the Defendant, as seen above, transferred the claim for the return of the lease deposit against the above “B” to the victim, and thus, if the Defendant collected the claim for the return of the lease deposit before notifying the third obligor C of the transfer of the claim, he/she should deliver it to the victim. However, on July 3, 2018, he/she received the lease deposit amount of KRW 10 million from C to the F account (G) in the name of the Defendant and embezzled the leased deposit for the victim at his/her own discretion during the period when he/she kept it for the victim.

2. As above, the Defendant in breach of trust provided the victim with all goods and facilities within the “E” unit as security for transfer, and the Defendant had a duty to keep all of the facilities provided as security for the victim until the victim pays his/her debt to the victim.

Nevertheless, on July 3, 2018, the Defendant, in violation of the above duties, provided all of the above collateral security items equivalent to the market price of 4 million won to the obligee as payment in kind, thereby acquiring property benefits and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Answers to the notification of the assignment of claims for a lease deposit, a credit transaction agreementer, a contract for the assignment of claims for a lease deposit, a power of assignment of claims for a lease deposit, a notice of assignment of claims for a lease deposit, a contract for the transfer of possession (transfer) and commitment, a monthly contract

유사 판례

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