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(영문) 대전지방법원 2015.06.19 2014고합431
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On April 20, 2012, the Defendant committed a breach of trust in relation to the ginseng dry field located in Gangnam-gu, Suwon-gu, Suwon-gu, Daejeon, to pay the victim F interest of 2% per month from the victim E, and on the same day, 349 million won from the victim, 151 million won in the victim’s name in the victim’s penal G, and 10 million won in the victim’s penal G.

4. Around 30.30. Around 20.30, a notarial deed of a monetary loan contract of KRW 500 million (No. 65, 2012) was drawn up to be drawn up on the victim’s borrowing KRW 630,000 from the victim’s account in the name of the victim’s mother H and transferred KRW 130,000 to the agricultural bank account under the Defendant’

On April 20, 2012, the Defendant had a duty to manage and keep the above ginseng in accordance with the purpose of security until it attains the purpose of security, as the Defendant provided the ginseng of J and K as security to the victims, such as the Hanwon-gun L, Suwon-gun, which is the spouse of the Defendant and the Defendant, and the Defendant’s husband and wife of the Defendant, as the security for the above borrowed ginseng.

Nevertheless, on December 1, 2012, the Defendant, in violation of the foregoing duties, sold 15.1 Z to M, and sold 387,170,296 won to the Korea Ginseng Corporation on November 7, 2013, and used it as the Defendant’s funds for operating the ginseng field.

Ultimately, the Defendant acquired the interest equivalent to KRW 630,00,000 and interest KRW 143,00,000 from the principal of the above victim’s claim amount, and sustained the victim’s property damage equivalent to the same amount.

B. On June 13, 2012, the Defendant, in breach of trust in relation to the ginseng dry field N in Gangwon-gun, Gangwon-gun, signed a notarial deed of monetary loan contract of KRW 100 million (No. 102) with the victim on the same day on the same day on November 29, 201, a KRW 60 million in the name of N in the name of N in the name of N in the name of the Defendant, and a KRW 40 million in the name of P in the name of N in the name of the Defendant and borrowed KRW 200 million in total from the victim to the agricultural bank account in the name of the Defendant.

The defendant is above.

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