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(영문) 대전지방법원 2014.08.28 2014고단708
배임등
Text

Defendant

H In two years of imprisonment, Defendant A’s imprisonment in 1 year and 10 months, Defendant I’s imprisonment in 1 year and 4 months, and Defendant J.

Reasons

Punishment of the crime

[2014 Highest 708: Defendant H]

1. Around July 1, 2009, the Defendant was appointed as a representative of RP Co., Ltd., which is located in Gyeonggi-si Q.

On June 19, 2008, R Co., Ltd. purchased cargo vehicles as St in the name of the corporation, and borrowed KRW 262,00,000,000 from the victim Dongyang Life Insurance Co., Ltd. (each cargo vehicle 131,00,000,000) as collateral, each of the above cargo vehicles was set up as collateral.

Since the defendant is the representative of the above R Co., Ltd., the defendant is obligated to faithfully keep the collateral value of the above cargo until the full repayment of the loan is made.

Nevertheless, on September 2013, the Defendant in violation of his duties, sold the above cargo to the name-free persons in total at a rest area of the Square 10,00,000,000, at the rest area of the Square in the Masan-si, Masan-si, Masan-si, Masan-si. In addition, the Defendant acquired the financial benefits equivalent to the total amount of KRW 184,009,444 (each of the balance of the cargo rent 92,04,72) and suffered financial damages equivalent to the amount of the loan to the victims.

The Defendant, including this, from the foregoing date to the date from November 2013, 2013, sold 6 vehicles in violation of its duties, as shown in the annexed Table 1, thereby obtaining pecuniary benefits equivalent to 540,532,474 won in total, and suffered pecuniary damages equivalent to the same amount from the victim.

2. Embezzlement;

A. From July 1, 2009, the Defendant, who was in office as the victim R representative director, was in office, and the victim was kept for the victim the cargo vehicles and Twit as St purchased around June 19, 2008, respectively. around September 19, 2013, the Defendant sold the cargo vehicles and Twit to the victim, without the victim’s consent, at the parking lot at Asan-ri, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, and embezzled them.

B. The Defendant on December 2012

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