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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Defendant
A, around May 23, 2011, between Defendant B and Defendant B, entered into a real estate lease agreement with the term of KRW 300 million on the lease deposit and the term of lease from June 24, 2011 to June 23, 2013 on the lease deposit with regard to Da, 108 Dong 1901.
Defendant
A around June 22, 2011, at the victim Hyundai Capital Finance Branch Office located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, 15-21, the victim's loan of KRW 175 million from the victim, entering into a pledge agreement on the above apartment by providing the victim with a claim for the refund of the lease deposit amount of KRW 300 million on the above apartment as a security, and the defendant B had the duty to obtain the consent of the pledge and the return of the lease deposit with the victim at the above office around June 24, 2011. As such, the defendants should not receive or dispose of the claim for the refund of the lease deposit on the above apartment, and have the duty to manage it with the care of a good manager for the victim.
Nevertheless, the Defendants violated the above duties, and Defendant A received a request from the husband of Defendant B to file a report of transfer because it was difficult to establish a separate collateral security because of the victim’s prior priority right, and consented thereto. On July 6, 201, Defendant B made a report of transfer to his domicile in Dobong-gu Seoul Metropolitan Government. Defendant B, around July 8, 201, borrowed KRW 750,000 from the East Military Credit Cooperative located in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, 436, and received KRW 750,00 million from the above apartment, thereby losing the opposing power of the victim.
As a result, the Defendants conspired to acquire property benefits equivalent to KRW 175,00,000, and suffered property damages equivalent to the same amount from the Modern Capital.