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(영문) 부산지방법원 동부지원 2013.07.17 2013고단925
배임등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On February 15, 201, the Defendant: (a) purchased G 25 tons knives trucks from the above company office located in Busan FY, and (b) borrowed KRW 170 million from the victim D Co., Ltd. to cover purchase price; and (c) registered as a mortgagee D Co., Ltd. and bond value of KRW 170,200,000,000 on the same day to the above truck purchased as collateral. As such, the duty to preserve the said truck until the loan is repaid, was incurred until the loan is repaid.

Nevertheless, on February 2012, the Defendant violated the above duties, and sold the said truck to the person who was unaware of his name in cash in the vicinity of the construction site of H apartment located in Busan Dong-gu, Busan, the Defendant acquired property benefits equivalent to KRW 23 million, and sustained damages equivalent to KRW 159,441,760 as the principal and interest of the loan to the victim.

around February 14, 2011, the Defendant: (a) purchased K25 tons of k25 tons of J truck at the J’s place of business located in Gyeyang-si I; (b) borrowed KRW 170 million from Korea Co., Ltd. for the victim’s Mesium, and on the same day, registered the establishment of a collective security right, the value of which is KRW 170,40,000,000,000 for mortgage-based social service Korea Co., Ltd., Ltd., and the bond value of which is KRW 170,40,000,000,000 won, to cover the purchase price. As such, the duty to keep the said truck until the loan is repaid, was incurred.

Nevertheless, on February 8, 2012, the Defendant violated the foregoing duties, and sold the instant truck with cash 23 million won to a person who was unaware of his/her name in the vicinity of the construction site of He/she was in violation of the said duties, thereby obtaining pecuniary benefits equivalent to KRW 23 million, and causing damage equivalent to KRW 169,127,190 to the principal and interest of the loan to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statute shall apply to the statement of L/M.

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