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(영문) 부산지방법원 서부지원 2018.10.02 2018고단941
배임등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operated the Gangseo-gu Busan corporation E (the relocation of Gangseo-gu corporation to F in Busan on June 27, 2017) in Gangseo-gu Busan corporation.

1. Breach of trust;

A. On October 27, 2014, the Defendant borrowed KRW 30,000,000 from the victim I at the H Joint Law Office located in Busan Metropolitan Government G from the victim I, the Defendant offered two private vehicles owned by the Defendant as collateral and again occupied by the method of possession amendment.

Therefore, since the Defendant was obligated to keep the transferred collateral in order for the transferee to achieve the purpose of the collateral, there was a duty not to dispose of it at will or destroy, damage, or otherwise reduce the value of the collateral.

Nevertheless, on June 5, 2017, the Defendant, in violation of the above duties, sold 220t Shoon Shoon 11,000,000 won to L who operated K located in Yangsan-siJ. On June 6, 2017, the Defendant sold 150t Shoon 1,500,000 won to N in Busan-gu M, and sold 1,500,000 won for 9,50,000 won to the victim, thereby incurring property damage equivalent to 20,50,000 won in total to the victim, and acquired financial benefits equivalent to that amount.

B. Around February 17, 2015, the Defendant borrowed KRW 25,00,000 from the victim I to the above H’s legal office, and subsequently occupied KRW 10,000,000 in total and KRW 11,000,000 borrowed from the damaged person on or around December 5, 2014 and KRW 15,000 in total, borrowed from the damaged person on or around January 16, 2015, the Defendant owed the secured obligation to the victimized person, and thereafter, he/she again occupied it by transferring two (200,000,000) during the withdrawal period owned by the Defendant as security.

Therefore, since the Defendant was obligated to keep the transferred collateral in order for the transferee to achieve the purpose of the collateral, there was a duty not to dispose of it at will or destroy, damage, or otherwise reduce the value of the collateral.

Nevertheless, the defendant is the above.

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