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(영문) 인천지방법원 2012.09.12 2012고합669
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant in occupational breach of trust is a person who works for the victim D (hereinafter “victim D”) located in the Jung-gu Incheon Metropolitan City from around 2005 to the end of August 2010 and has been in charge of lending consultation, loan examination, loan implementation, etc.

On April 23, 2008, the association, which caused occupational breach of trust on October 30, 2009, extended a loan of KRW 97 million to the defendant's private village or E, and obtained as security the right to collateral security, the right to collateral security, which consists of the maximum debt amount of KRW 156 million, the debtor, E, and the right to collateral security, owned by E.

The defendant, who was in charge of the loan business of the damaged union, has a duty to cancel the above-mortgage after paying the secured debt of the above-mortgage.

Nevertheless, on October 30, 2009, the Defendant, in violation of the above duties, brought a public prosecution against the Defendant, who was the actual borrower, on the part of his own interest, by having the registration of cancellation of the establishment registration of the collateral security at will, by waiver of the said right of collateral security, and thereby making it impossible to identify the amount of E impossible. The prosecutor, who was in violation of the above duties, obtained profit equivalent to KRW 156 million, which is the maximum debt amount of the said right of collateral security, and brought the public prosecution against the damage association, as

However, the profits and losses of the defendant's act of occupational breach of trust are the amount equivalent to the secured value which would be lost by the damaged association due to the cancellation of the right to collateral of the damaged association on the above apartment, and even if considering all the materials submitted by the prosecutor, there is no way to determine the secured value of the above apartment at the time of the defendant's act of occupational breach of trust. Therefore, it is reasonable to view that all the profits and losses

The crime No. 1-B.

paragraphs (c) and (c)

The same shall also apply to paragraph (1).

The value of the above apartment shall be equivalent to the security value of the apartment and the damage shall be made.

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