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(영문) 수원지방법원 안산지원 2018.04.10 2018고단525
배임
Text

Defendant

A A shall be punished by a fine of 2.5 million won, and Defendant B shall be punished by imprisonment for four months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to imprisonment with prison labor for one year and ten months at the Incheon District Court on August 16, 2017, and the judgment became final and conclusive on September 14, 2017.

[Criminal facts]

1. The Defendants were in a relationship with each other while living together from July 2015 to September 2016.

On August 5, 2015, the Defendants purchased F U.S. D. car under the name of Defendant A at the medium-S. store located in Nowon-gu, Seoul Special Metropolitan City. On August 5, 2015, the Defendants received a loan of KRW 377,700,000 from the victim M.C. Co., Ltd. for 875,259 each month between 60 months and set up a maximum amount of KRW 1885,000 to the victim’s credit on August 7, 2015.

Until all of the above loans are repaid in accordance with the above agreement, the Defendants had a duty not to perform any act that may substantially lose security values while managing the said passenger car, which is an object of security, in accordance with the duty of due care of a good manager.

Nevertheless, the Defendants offered a public offering to borrow money as collateral for a passenger car due to the shortage of living cost, and in violation of the above duties, the Defendants obtained a loan of KRW 10 million from a mutually financed enterprise of “H” located in Incheon G around November 2015, and offered the said car as collateral for transfer, and issued a letter of operation under the name of Defendant A, a certificate of seal impression, etc.

As a result, the Defendants conspired to obtain property benefits equivalent to KRW 10 million, and caused damages equivalent to KRW 18850,000,000, which is the amount of the claim secured by the right to collateral security.

2. Defendant B: (a) around July 6, 2015, at the four-day shop in the victim A’s management four-day shop in the South old-gu War I, the Defendant is the full-time director of the company with the outer village and the father is the two-party father.

If a Class A is lost, it shall be repaid immediately if it is leased.

“A false representation was made.”

However, the defendant is guilty.

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