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(영문) 인천지방법원 부천지원 2019.01.25 2018고단2695
배임
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On August 24, 2018, the Defendant was sentenced to two years of suspended execution in October due to the obstruction of exercise of rights by the Incheon District Court on September 1, 2018, and the said judgment became final and conclusive on September 1, 2018.

[2018 Highest 2695] Around September 7, 2017, the victim B entered into a lease agreement with C Card Co., Ltd. on DB, and posted a notice on the E homepage to find the lessee’s successor because it is difficult to cope with the vehicle rent up to KRW 1280,000 per month.

On January 17, 2018, the Defendant reported the details related to the succession of the benz vehicle lease posted by the victim on the E homepage and contacted the victim with the victim, and referred to as "on the part of a used motor vehicle in Korea, so that he/she can seek a person to succeed the lease cost of the said benz vehicle, 5 million won, and benz vehicle," and received five million won from the victim and received the vehicle and received the delivery of the vehicle from the victim, and received the delegation of the lease management from the victim.

Since the Defendant was delegated with the duties of leasing by the victim, even though there was a duty to search for the lessee of the said benz vehicle and to perform such duties as allowing the lessee to succeed to the lease, the Defendant arbitrarily sold the said benz vehicle to F at will on March 28, 2018, in violation of that duty, and acquired economic benefits equivalent to the same amount by transferring the said vehicle to F at will, and caused losses to the victim.

[2018 Highest 3054] Around July 4, 2017, the victim G entered into a lease agreement with C Card Co., Ltd. on HH sports vehicles, and posted a notice on the E website to find the lessee’s successor as it is difficult to cope with the vehicle leasing fee up to KRW 1290,000 per month.

On December 26, 2017, the Defendant reported to the victim a letter related to the benz vehicle leasing that the victim posted on the E-site, and contacted the victim with the victim, and within six months from the date of leaving the instant vehicle to B.

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