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(영문) 수원지방법원 안양지원 2018.09.28 2018고단34
배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 12, 2005, the Defendant: (a) operated D in king-si D on April 12, 2005, and (b) operated VERTICL MAFIN CENER ( vertical machine; hereinafter “the aforementioned machine”).

Under the guarantee of the Victim Credit Guarantee Fund, the Bank borrowed KRW 170 million from the Bank and provided the said machinery as a collateral for transfer.

On June 29, 2009, when the defendant was unable to repay the amount borrowed from the Industrial Bank of Korea as above, the injured party fulfilled the guarantee obligation to the above bank, and on the same day, the defendant concluded with F an overlapping underwriting contract with the victim, the transferor, and the transferee of the debt with E (representative F) for the obligation of indemnity against the victim.

On the other hand, F obtained a credit guarantee from the person who suffered the same day and repaid the defendant's indemnity against the victim by borrowing the guarantee amount of KRW 170 million from the agricultural cooperative as security. The defendant, in order to guarantee the victim's indemnity liability in the event the victim performed the guarantee obligation against the agricultural cooperative in the future, in order to secure the victim's indemnity liability, the creditor entered into a contract with the victim, the debtor, the F, the holder of the right to create the security interest, the transferor security interest, and the transferee security interest contract with the victim. Thus, the defendant was responsible for keeping the transferred security interest for the victim in accordance with the purpose of security.

Nevertheless, on February 2017, the Defendant received KRW 50 million from G in Mapo-si, Mapo-si, Mapo-si, Mapo-si, and sold the said machinery to the person with no name, thereby obtaining pecuniary benefits equivalent to KRW 50 million, and suffered damage equivalent to the same amount of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A complaint, a copy of a contract for security for transfer, a copy of a contract for security for transfer, or a copy of a contract for acceptance of overlapping obligations;

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