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(영문) 청주지방법원 2020.09.17 2019고단2155
배임
Text

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

The application for compensation of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person running D in the middle machinery sales business in the petition district C at the Cheongju-si.

On September 4, 2018, the Defendant agreed to sell to E two rollers with a weight of at least 140 tons, used machinery owned by the Defendant (hereinafter “instant rollers”) of at least KRW 100 million, with a proceeds of at least KRW 20 million, within 60 days.

As the Defendant could not refund KRW 100 million received as the purchase price because he failed to sell the roller in accordance with the above promise, the victim B who lent the above roller purchase fund of KRW 100 million to E was identified that the above KRW 100 million was the principal’s capital and demanded the return.

Accordingly, the Defendant and the victim B, on January 14, 2019, intend to convert the above KRW 100 million to the borrowing from the victim, and the instant roller, which had been kept in custody in the “F of the Chungcheongnam-gun,” while preparing a certificate of borrowing money with the purport that “the Defendant would borrow KRW 100 million from the victim from the victim during the period from January 14, 2019 to March 30, 2019.”

'' specified the content.

Therefore, while leasing and using the above box kept by the roller of this case, the defendant who keeps the roller of this case is in violation of the duty to maintain the roller of this case, which is a security in order for the victim to achieve the purpose of securing KRW 100 million in the above loan, and to sell the roller of this case for repayment of debts, such as entering into a contract with or in the presence of the victim or allowing the victim to receive the roller's purchase price directly from the purchaser. Accordingly, on February 14, 2019, the defendant did not pay a debt to the victim for the reason that the roller of this case was sold voluntarily to H who had ordinary transaction relations with the defendant and was not paid the price of KRW 100 million in the purchase price.

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