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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant, as the operator of the Cargo Transport Business Co., Ltd. E (hereinafter “E”), was transferred from the victim F (former name G) who was the borrower to the land and managed and operated the D Freight (hereinafter “D Freight”), which was located in E. In such a case, the Defendant had the duty to faithfully manage the D Freight and not to transfer or offer it as a security without the consent of the borrower.
However, around November 19, 2010, the Defendant violated the above duties and received KRW 75 million from H, and transferred the name of the borrower to D, and completed the registration of change of the owner to a person who was in default of the purchase of the said D Cargo from H on January 24, 201.
In this respect, the defendant acquired the amount of unproperty benefits, and caused the amount of unproperty damage to the victim.
2. On March 11, 201, the Defendant was changed to K Co., Ltd. (the trade name of the Defendant was changed to K on March 11, 201).
Around June 209, when entering into a contract with the J (hereinafter referred to as the “J”) and operating the I Cargo (hereinafter referred to as the “I Freight”) with the said company, the Defendant transferred the victim F the right as a local borrower to the said cargo vehicle. However, the Defendant, in fact, instead of operating the said cargo vehicle for the sake of the victim, provided that the Defendant would pay to the victim the remainder, excluding the prescribed expenses, out of the operating profit of the said cargo vehicle.
The defendant, at the request of the victim on June 201, transferred the name of the borrower who entered the I Cargo to L, the husband of the defendant, for the convenience of the victim. In such a case, the defendant must manage and operate the above cargo vehicle by fulfilling his duty of care as a good manager, and should not perform any act that may affect the profit-making right of the owner of the land, which is the right of the victim as the owner of the land.