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(영문) 대구지방법원 2014.08.28 2014고단1626
배임등
Text

A fine of five million won shall be imposed on the first offense in the judgment of the defendant, and a fine of ten months shall be imposed on the second offense in the judgment of the court.

Reasons

Punishment of the crime

On December 14, 2012, the Defendant, at the Daegu District Court, sentenced two years of suspension of execution to one year and two months of imprisonment due to breach of trust, etc. on December 22, 2012.

1. On June 8, 2010, the Defendant, in breach of trust, committed a notarized act of collateral security repayment agreement with a notary public, who is in Suwon-gu, Daegu-gu, a law firm's general law office, approved the Defendant's debt amounting to KRW 50 million to the victim D, and made a notarized act of transferring a debt repayment agreement with the content that the Defendant transferred the Defendant's debt amounting to KRW 50 million to the F factory located in Sung-gu, Sungdong-gun, Inc., Ltd., Faccom (storage tank), KRW 1 straw, and one straw scraper.

In accordance with the above contract, the Defendant: (a) delivered the victim with the method of possession revision by the Defendant; and (b) opened a security right for the said documentary, etc. to the victim; and (c) thus, there was a duty not to dispose of the said obligation to the other party until the said obligation is repaid.

Nevertheless, on June 201 through July 7, 2013, the Defendant, in violation of the foregoing duties, sold to the water business entity the amount equivalent to KRW 20 million to KRW 30 million at the market price, such as the two curat (storage tank), the one set, and the one set of scrapers.

As a result, the defendant acquired financial benefits equivalent to the market price of the above Amert, and suffered financial losses equivalent to the same amount from the victim.

2. On September 7, 2010, the Defendant, as indicated in the preceding paragraph, had a duty not to transfer or dispose of the tension-type one set of the transfer-based capital prior to the repayment of the said obligation, inasmuch as a notary public, at a law firm general law office, approved the Defendant’s debt of KRW 100 million to the victim D, and entered into an agreement on the repayment of the obligation of KRW 100 million to the F-based factory located in Gyeongbuk-gun E, a company located in Gyeongbuk-gun, Gyeong-gun, Inc.

On the other hand, the victim's right to demand delivery under the above transfer security contract is the right to be preserved and the Daegu District Court 2010Kadan5050.

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