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(영문) 의정부지방법원 2013.10.31 2013고단3026
배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 1, 2009, the Defendant: (a) between the victim B and the victim; (b) the Defendant entrusted the instant charging station located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu C (hereinafter “instant charging station”); (c) deposited the entire sales proceeds accruing on the day to the victim; and (d) concluded an entrusted management contract with the content that the Defendant would supply the gas and materials necessary for the operation of the charging station.

On November 24, 2009, in order to secure the obligation under the above entrusted management contract, the Defendant transferred all of the lease deposit and the right of the leased apartment (the Korean Land and Housing Corporation, the deposit, the deposit, the 21,029,000 won), and the equipment and the right of the above apartment (the leased apartment) to the Government-si, 910 Dong 1501, the Defendant resided in the victim.

Therefore, the defendant should not borrow or dispose of the above claim for the return of the lease deposit against the above apartment as security, and there was a duty to manage the above claim with the due care of a good manager for the victim.

Nevertheless, on September 15, 2010, the Defendant violated his duties and transferred the above lease deposit claim (the amount of bond: 21,029,000 won) of the above lease apartment to the above community credit cooperative, and borrowed KRW 5,00,000 from the above community credit cooperative on September 16, 2010 with the loan of KRW 15,00,000 from the household lease fund, using the loan of KRW 15 million in addition to the loan of KRW 1,5 million on January 13, 201, and acquired the financial benefits of KRW 15,00,000,000 from the victim’s lease deposit claim (the amount of bond: 21,029,000 won) for the above rental apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. A copy of a contract;

1. Each contract for the transfer and takeover of bonds (number 3, 10);

1. Notification of the existence of claims;

1. Financial transaction certificates;

1. Each loan transaction agreement;

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