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(영문) 인천지방법원 부천지원 2018.11.15 2016고단3392
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 4, 2012, the Defendant: (a) engaged in the business of requesting the delivery of goods to be delivered to China or to the Republic of Korea in the D Clothing shopping mall; (b) engaged in overseas transport transactions with C, a foreign transport company operated by the victim B; and (c) entered into an agreement establishing a collateral security agreement setting forth a collateral security agreement setting forth the victim, the debtor, the maximum amount of claims, 120 million won, and 20 million won in order to secure the cost of transportation and the outstanding amount of money that may arise when the transaction was conducted after the payment was made by the Defendant; and (d) in the F notarial Office located in Yangcheon-gu, Seoul, Seoul, for the Defendant’s wife’s wife to receive the ownership transfer from the Defendant’s wife in the name of G (hereinafter “the instant real estate”), in order to ensure the cost of transportation and the outstanding amount that may arise when the ownership transfer was completed, the collateral security agreement setting up the collateral security agreement setting up for the victim, the debtor, the maximum amount of claims, and the obligor.

On February 28, 2013, the Defendant’s wife made ownership transfer, etc. on the instant real estate. On the same day, the registration of the establishment of the right to collateral security was made in the first order, which was the cause of J and J, the maximum amount of 312 million Won, Co., Ltd., the mortgagee, and thus, the obligation to register the establishment of the right to collateral security was carried out on behalf of the victim in the second order.

Nevertheless, on October 14, 2013, the Defendant violated his duty and registered the establishment of the right to collateral security on the side of the instant case by K Co., Ltd., Ltd., the debtor A, and the maximum amount of claims 100 million won, thereby obtaining pecuniary benefits equivalent to KRW 100 million of the collateral value and causing financial damage equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement made by a witness L;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against M;

1. Written confirmation, written agreement of establishment of a collateral security;

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