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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is the representative director of C Co., Ltd (hereinafter “instant branch company”) which is a high-speed bus branch company from around August 2010 to May 2014, who exercises overall control over the affairs of the instant branch company, including the management of the branch office.
On December 2, 2010, the Defendant registered the instant branch office in the name of the instant branch office operated by the Defendant with the victim E and FBX212, at the instant branch office located in Daejeon Seo-gu, Daejeon, and entered into a land entry agreement with the said victim orally to pay the bus premium and installment to the instant branch office instead of managing and operating the bus as the actual borrower of the said bus.
In such cases, the defendant, who is the representative director of the land-based company of this case, is not allowed to provide a bus as a collateral without the consent of the victim, or set a collateral mortgage, and there was a duty to provide the victim with support so that he can manage and operate the vehicle
Nevertheless, on April 2013, the Defendant violated the above occupational duties, and entered into a mortgage agreement to provide a victim's bus as security with a loan amounting to 140,000,000,000, interest rate of 12.9% per annum, and 60 months on the condition that it was borrowed from the Bank of EF Savings, a stock company, and used 76,63,041 out of the above loan amount to pay an administrative fine for arrears on the victim's bus and to pay the previous debt to AF Capital Co., Ltd. on or around the 22th of the same month without the consent of the victim.
As a result, the Defendant violated his duties, thereby acquiring the pecuniary benefits equivalent to KRW 63,36,959, which is limited to KRW 76,663,041 used for the repayment of the victim's debt from the above loan amount, and the victim's property equivalent to the above amount.