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(영문) 청주지방법원 2016.02.16 2015고단1148
배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 28, 2014, the Defendant was sentenced to one year of imprisonment for occupational embezzlement at the Cheongju District Court, and the judgment became final and conclusive on June 10, 2014.

On November 20, 2012, the Defendant: (a) around November 20, 2012, extended loans of KRW 12 million from the victim company to the victim company through the name-free business employees belonging to the Dongyang Social Business Team, which is a business agent of the victim Dongyang Life Insurance Co., Ltd.; and (b) the “H” written indictment is a clerical error.

In order to purchase one low-speed car under the Defendant’s wife C, and to secure the above loan around the 21st day of the same month, the establishment of a mortgage with the mortgagee Yangyang Life Insurance Co., Ltd., and bond value of KRW 12 million was registered on the above low-speed car. Thus, there was a duty to keep the above car for the purpose of security until the loan is repaid.

Nevertheless, on June 4, 2013, the Defendant, in violation of the above duties, borrowed 2 million won from the used vehicle business operator F in front of E in which the Defendant had worked, and transferred it to the said vehicle as security, thereby making it difficult for the Defendant to exercise the mortgage on the victim’s company.

As a result, the Defendant acquired financial benefits equivalent to KRW 10,858,218 of the unpaid loans, and suffered damages from the victim company equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The statement of F in the third police interrogation protocol against the defendant, and the statement of F in the police protocol against G in the third police interrogation protocol;

1. A copy of the motor vehicle registration ledger and police control data, a letter of consent to hand-over of the motor vehicle, a copy of the application for the loan agreement, a written inquiry about receipt, and a report on impossible to hand-over a motor vehicle, 2014;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

1. Article 355(2) and Article 355(1) of the Criminal Act applicable to the relevant criminal facts, and Articles 355(2) and (1) of the Criminal Act (see Supreme Court Decision 2010Do1665, Sept. 13, 2012)

1. To treat concurrent crimes;

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