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(영문) 부산지방법원 동부지원 2015.11.11 2015고단489
업무상배임등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On July 24, 2014, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud in the Dong branch of the Busan District Court for the same year.

8.1. The judgment became final and conclusive.

【Criminal Facts】

The defendant is a person who actually operates D Co., Ltd., a transportation broker.

The defendant has a duty to not arbitrarily establish a mortgage on the cargo vehicles that the defendant left to the above corporation.

On February 19, 2013, the Defendant, in violation of the aforementioned duties, borrowed 55 million won from the Dongyang Life Insurance Co., Ltd. at the Busan E office located in Busan on February 19, 2013, the Defendant arbitrarily created a joint collateral security at will, along with two other cargo vehicles, with the claim value of 55 million won from the other cargo vehicle that the victim F entered D Co., Ltd.

As a result, the defendant acquired an equivalent amount of property benefits, and suffered damages from the same amount of money to the victim who is a son.

The defendant of "2015 Highest 900" has been operating a corporation, the main office of which is "I" with H of Jung-gu in Busan as the main office.

Around March 2012, the Defendant was already issued 400 million won as a loan to use it as the above company’s operating fund, and repaid the total amount of 19.1 billion won of the principal and interest for each month. around October of the same year, the Defendant did not reach approximately 7.8 billion won of the debt accumulated due to the business difficulties of the above company, and was in the absence of any particular property or income, and thus, the Defendant did not have any intent and ability to repay the debt normally even if it was additionally borrowed from the victim.

1. On November 201, 2012, the Defendant calls the victim at the “I” office located in Jung-gu Busan Metropolitan Government H on or around November 1, 2012, and falsely speaks that “If the Defendant lends funds to a cargo transport business in the form of an investment, he/she will provide the victim with the vehicle of his/her own freight as security and pay a large amount of interest with high profits.”

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