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(영문) 창원지방법원 2014.09.16 2013고단866
업무상배임등
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, 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

The Defendant worked as representative director from D to Haman on July 2009, the Victim Credit Business Group Co., Ltd. in the window C of Changwon-si, and was in charge of overall affairs, such as lending business and fund management of the victim company, etc., while serving as representative director from Haman to Haman on June 2012.

A victim company is a corporation that lends funds to a purchaser of a used vehicle through a used vehicle dealer as a security. The terms and conditions of loans made by the victim company shall investigate the borrower's credit inquiry and ability to repay, and establish a collateral and a guarantor. However, if the borrower pays 50% of the advance payment, a guarantee may not be established. However, there is a provision related to a loan that loans a certain amount within the scope of the used vehicle market price as security within the scope of the used vehicle price. Thus, the defendant complies with the above loan regulations, even if he/she has an occupational duty to perform the loan business so that non-performing loans do not occur to the victim company, he/she is paid a certain amount of fees, and he/she is not in compliance with the above loan regulations, and he/she is willing to receive a loan from the purchaser of the used vehicle.

1. On August 25, 2009, the Defendant in occupational breach of trust: (a) around March 4, 2009, the Defendant obtained an application for a loan to purchase the F used cars as collateral from E in 2005 at the office of the victim’s company; (b) on or around March 4, 2009, the Defendant already purchased and acquired ownership; (c) on August 25, 2009, transferred the ownership of the said vehicle to the G Motor Trading Company; and (d) on the same day, again purchased the said vehicle from the victim company as if he were to obtain a loan by taking the said vehicle as collateral, and (d) loaned KRW 8 million to E to have the victim incur property loss equivalent to the same amount and obtain property benefits equivalent to the same amount.

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