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(영문) 수원지방법원 안양지원 2017.11.10 2016고단2208
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 200 to November 2015, worked as an employee at the victim “FF Co., Ltd., Ltd., a company for the purpose of cargo transport business operated by E in the Gu D Building 401 during Ansan-si from around 2000 to around 2015, has been in charge of duties such as entering into the land of the borrower, boarding cars, and lending of secured vehicles for the land.

Although the Defendant had a duty not to inflict property damage on the victim by means of personal lending, such as offering the above victim's standing vehicles as security, even though he/she had a duty not to inflict property damage on the victim by arbitrarily obtaining the above victim's personal lending, he/she used documents necessary to establish a mortgage to obtain a loan to the above Eul, the president of the victim's company, and, if the Defendant wants to obtain a loan to the above Eul by taking advantage of the fact that he/she affixed his/her seal impression on the above company's affiliated vehicles, he/she arbitrarily obtained the loan, and provided the above company's affiliated vehicles as security.

1. On September 22, 2014, the Defendant loaned KRW 45 million to the Defendant as the obligor from the Hyundai Mass money (state) around Sep. 22, 2014. On Oct. 10 of the same year, the Defendant: (a) around October 10 of the same year: (b) around 2014, the Defendant: (c) around the said Victim’s land borrower (H), a vehicle affiliated with the said Victim’s land; (d) sought a loan as security for the said cargo vehicle; and (e) on the documents necessary for the creation of a mortgage on the said cargo vehicle from the said E, the Defendant offered a mortgage on the said cargo vehicle with the seal impression affixed by the Victim’s company to KRW 31,500,000 for the said cargo vehicle; (c) obtained the above property interest of KRW 31,500,000 for the said cargo; and (d) inflicted damage on the victim’s property equivalent to the said amount.

2. On November 27, 2014, the Defendant borrowed 45 million won from Aju Capital to the Defendant as the obligor from around November 27, 2014, and then to the above E around October 10 of the same year.

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