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(영문) 의정부지방법원 고양지원 2016.09.30 2015고단687
배임등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around August 29, 2012, the Defendant: (a) purchased the cargo vehicles of this-Ma in the name of 37,000,000 won from the injured Party A Capital Co., Ltd. in order to raise the purchase price for the said cargo vehicles; (b) around September 3, 2012, the Defendant registered the establishment of a neighboring political party right with the mortgagee A Capital Co., Ltd., Ltd. and the bond value of 24,50,000,000 won for the foregoing cargo vehicles purchased by the Defendant as collateral, and in such case, the Defendant had a duty to keep the said cargo vehicle for the purpose of security until the repayment of the loan is made.

On March 2014, the Defendant borrowed 5 million won from a person whose name cannot be known, in violation of the above duties at a logistics terminal located in Si/Gunposi, and transferred the freight to another person as security.

As a result, the Defendant acquired the pecuniary benefits equivalent to five million won borrowed from a person who is not aware of his name, and suffered damages equivalent to 24.5 million won in the value of the claim to the victim.

Of February 2014, the Defendant: “E” in the office located in Gangnam-gu Seoul Special Metropolitan City, Gangnam-gu, and purchased a wing wing wing wing Fran vehicle with a loan to the Victim F for the purchase of the vehicle at the office located in Gangnam-gu, Seoul. In the event of a loan, the Defendant will find out all of the loans, including the purchase of the vehicle, the payment of automobile insurance premiums, the lease of the vehicle license plate, and the registration of an individual business operator.

“Along with the delegation of duties, such as the purchase of a vehicle and the lease of a vehicle license plate for business use by the injured person.”

On February 21, 2014, the Defendant arbitrarily used KRW 12.4 million, excluding KRW 3 million paid to H under the pretext of introduction, for personal living expenses, while the Defendant was transferred to a G account in the name of the mother of the Defendant, among KRW 39.6 million loaned by the victim from Aju Capital Co., Ltd.

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