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(영문) 의정부지방법원 2015.12.23 2014고단3432
배임
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 3, 2006, the Defendant borrowed KRW 300 million from the victim F as of January 31, 2007 at the Djoint Law Office of Gangnam-gu, Seoul, along with E, the due date for payment from the victim F as of January 31, 2007, and entered into an agreement of transfer for security with the Defendant to provide approximately KRW 140 million at the market price of KRW 140,000,00,000, which is owned by the Defendant as security, and to take responsibility for and keep the above situation mushroom until the said loan is fully repaid.

Since the Defendant received KRW 300 million from the victim on the 24th of the same month in accordance with the above agreement, there was a duty to keep the above situation mushroom, which was provided as security for transfer, as a duty of due care, until full repayment of the loan was made.

The Defendant kept one container stored in G at H’s warehouse located in G at the time of strike, and kept the remaining one at the Busan I warehouse, and the Defendant moved one container in the I warehouse to H’s warehouse on May 2010 and kept it.

This custody method is the content of the defendant's statement in the court, and according to the K's letter of confirmation submitted by the defendant, it is also specified as above, which is recognized as not affecting the defendant's exercise of his right of defense, and thus it is modified and recognized.

On May 2013, 2013, the Defendant violated the above duties by making it impossible to know the location of the above situation mushroom, after he was aware of the statement that he would dispose of the transportation charges, storage charges, etc. from H along with his urge to dispose of it.

According to the prosecutor's interrogation protocol against the defendant, the defendant made a call with H around May 2014, and such statement was made one year prior to that, so the above date is recognized as around May 2013, which was one year prior to that date.

Accordingly, the defendant violated the duty to keep the above situation mushrooms, which is the transferred security provided to the victim, 100 million won.

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