(영문) 광주지방법원 2018.01.11 2017고정325

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(영문) 광주지방법원 2018.01.11 2017고정325

배임

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Criminal facts

On September 16, 201, the Defendant: (a) obtained a loan of KRW 20 million from the LAF in order to cover the purchase price of a vehicle in the name of D C, which is a type C, in order to purchase the vehicle; and (b) registered a mortgage creation on September 26, 201 by the mortgagee for the vehicle purchased by the Defendant as collateral with the mortgage creation with the amount of KRW 20 million in the bonds price of the non-us capital loan and the bond price of KRW 20 million; and (c) thus, the Defendant is obliged to keep the damaged company’s collateral value until the repayment of the loan.

Nevertheless, on September 2013, the Defendant violated his duty, and provided a person who was under the name of the deceased in violation of his duty with a motor vehicle of KRW 5 million as a collateral, thereby causing property loss due to the loss of security to the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. E statements;

1. An installment financing agreement;

1. Original Register of Automobile Registration;

1. Statement of impossibility of delivering an automobile;

1. The transcript [the person who, as the principal agent of the crime of breach of trust, administers another's business means the person who is acknowledged to have a fiduciary relationship to handle the business in light of the principle of good faith in relation to the relationship with another person, and does not necessarily require that the person has a right to the business in an external relationship with a third person. In addition, it does not require that the business be a comprehensive consignment business, and the ground for the conduct of business, i.e., the occurrence of a fiduciary relationship, may also arise through the statutory provisions, legal acts, customs,

According to the above evidence, the vehicle operation profit purchased in the name of C was jointly reverted to the networkF in a de facto marital relationship with the defendant and the defendant, and after the death of F, the defendant was solely owned.

Since it is assessed, the defendant has a duty to keep the collateral in order for the damaged company to achieve the purpose of the collateral.

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