logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.08.28 2019고단529
배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as a cargo transport equipment, is a dump capital owner of two dump capitals in both 1 unit of mF-800 VDL (save B) and mT-650 VDL (save number C).

On May 15, 2017, the Defendant purchased the said two dump capitals, which were owned by D, and paid the purchase price by borrowing KRW 31.6 million from D, and KRW 53.4 million from D, and the Defendant created a security transfer for the said two dump capitals to the victim, with the Defendant’s use for the said two dump capitals, and the Defendant was responsible for keeping them in custody so that the obligee, the obligee, can achieve the purpose of the security.

Nevertheless, on June 1, 2017, the Defendant, in violation of its duties, sold to F dump Capital mT-650 VL (ST-C Nos. 30 million won for the said dump capital dump capital dump capital dump C), and corrected “mT-650 VDL (MT-650 VL Nos. dump C)” to G around October 31, 2017, as stated in the written indictment Nos. dump Nos. 2, the Defendant corrected dump capital dump to F 44 million won for the said dump capital dump capital dump capital dump

(No. 102, 108 of investigation records) sold and disposed of all by selling them.

Accordingly, the Defendant acquired property benefits equivalent to KRW 85 million in total of the above loans, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. A protocol of interrogation of some police officers against the accused (the progress of disposition by each exhumation and relation with H, the part concerning the statement of the business entity related to exhumation);

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a complaint, application for each loan, each letter of loan, each letter of credit balance inspection, and each contract for transfer for security;

1. Article 355 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

arrow