특정경제범죄가중처벌등에관한법률위반(배임)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person who operated E Co., Ltd. (hereinafter referred to as “E”), a manufacturer of motor vehicle parts, in Haan-gun, Haan-nam.
On July 26, 2011, the Defendant concluded a credit transaction agreement on the loan of KRW 3,360,000,000 from the victim bank in Chungcheongnam-gu, Changwon-si, Changwon-si as collateral for collateral security, and provided KRW 28 of the paper of E factory and machinery in factory as collateral.
Therefore, the defendant had a duty to keep the above machinery for the victim bank until he has fully repaid the above loan.
Nevertheless, on January 4, 2013, the Defendant violated his/her duties, sold at will 20,900,000 won, 9 machinery, which was offered as collateral to the bank of the victim, from time to October 27, 2014, from time to time as shown in the attached crime list, such as voluntary sale of at least one CNC LAHE (NCFF, Model PMA200B) and one Maching Co. (FH-50A), which was offered as collateral, to the bank of the victim in violation of his/her duties, at least KRW 674,40,000,000, from time to time, and acquired a significant pecuniary advantage, and caused property damage equivalent to the same amount to the bank of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Investigation report (specific date and time of sale, price, enterprise, etc. of nine points of machines and instruments sold);
1. Application of Acts and subordinate statutes on credit transaction, such as a complaint, an appraisal report and a credit transaction agreement;
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (2) of the Criminal Act concerning the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)
1. Scope of applicable sentences under law: Imprisonment with labor for a year and six months from February to February 15.