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(영문) 서울동부지방법원 2017.01.12 2016고단2281
업무상배임등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On September 9, 2013, the Defendant in breach of trust in business around March 2013, when operating a lending company with the trade name “E” in Gangnam-gu Seoul Metropolitan Government D, the Defendant would have the victim F, who was known to the general public, gain profits from the Defendant’s operation of the lending company at around March 2013.

In addition, it is necessary to collect funds by exercising collateral security if it is not repaid with the money to set up collateral security on real estate as collateral.

The phrase " was engaged in the lending business by receiving funds from the injured party".

On June 7, 2013, the Defendant received KRW 400 million from the injured party and lent the loan to G, and made a loan from G to G in the first future, the claim amounting to KRW 600 million, which is the denial of the injured party’s right to collateral security on the land of Gyeonggi-gun H. In addition, the Defendant was delegated by the injured party to set up and cancel the right to collateral security on the loan.

According to the delegation above, the Defendant had a duty to maintain and manage the aforementioned mortgage without cancelling the registration of establishment of the right to collateral security until the loan was changed.

Nevertheless, on September 9, 2013, the Defendant violated his duty and forged the power of attorney in the name of the Republic of Korea as set forth in Section 2 below, and borrowed KRW 100 million from J while borrowing KRW 100 million from the Court.

As a result, the defendant acquired a loan equivalent to KRW 100 million due to the registration of the establishment of the above right of pledge, and suffered a loss of property equivalent to the same amount to the victim.

2. An event held on September 9, 2013, such as forgery of a private document, events of a falsified investigation document, and electronic records, false entry, such as an official electronic record, and an electronic record of a false entry;

A. On September 9, 2013, the Defendant forged a private document on the letter of delegation in the column for real estate display for the purpose of uttering at an irregular place, “Seoul-do Yangyang-gun K 326 square meters,” the grounds for registration and its date in the column for registration.”

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