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(영문) 청주지방법원 2020.09.17 2020고단118
배임
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who operates “D” as a recycling business chain, such as waste franchising lines, in the name of the Defendant in the voice group B of Chungcheongbuk-gun.

On October 2018, the Defendant, along with the foregoing B, lent money as a loan for raw material purchase fund to F Co., Ltd., Ltd., and offered all machinery, equipment, etc. within the pertinent workplace as security by means of transfer on the face of the loan to F Co., Ltd. for the purpose of acquiring raw material, and first, around October 22, 2019, the Defendant continued to borrow money by offering as security one 150-math-o, 150-math-o, 150-math-o, 150-math-o, etc.

On November 9, 2018, from around December 19, 2018 to around December 19, 2018, the Defendant drafted a letter of performance that “In order to secure repayment of the above loan, the entire machinery, equipment, raw materials, etc. within the pertinent business establishment, including preferential security, will not be disposed of by being offered as collateral for transfer,” and around December 11, 2018, the Defendant entered into a contract to establish a collateral security right with respect to the said machinery, equipment, etc. with the maximum debt amount of KRW 1 billion, the debtor B, and the creditor E, and completed the registration of the creation of collateral security right on December 14, 2018.

Therefore, even though the Defendant had a duty to normally keep the object of security for the victim until the repayment of the loan was made, the Defendant, in violation of the aforementioned duty at the said D office around June 2019, acquired the pecuniary benefits equivalent to the amount of the said amount and sold the said amount to G by receiving the total of 3 machinery, such as 150-math, 150-math, 150-math, 150-math, and 150-math, 150-math, 1500,000 won.

2. Determination

A. The relevant legal principle of breach of trust is an act in violation of one’s duty by a person who administers another’s business to acquire pecuniary advantage or to let a third party acquire it.

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