배임
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who operates C, a corporation located in Busan Southern-gu B from around 2007 to January 2017.
On July 27, 2011, the Defendant entered into a loan agreement with the creditor as the victim, debtor corporation C, loan amounting to KRW 450,000,000,000 per month at the location of the Busan Bank located in Man-dong, Busan Bank, Busan, the Busan, and KRW 7,50,000,000,000 per month, at the location of the Busan, the Defendant secured the transfer of the above loan amount to KRW 33,66,00,000,000,000,000 in the market value of C owned by the victim, which is established in C, by means of possession and revision, and transferred the above loan amount to the deposit account in the name of C in the name of the Busan Bank.
In accordance with the above transfer collateral agreement, the defendant had a duty to keep the two above machines and instruments provided as security before fully repaying the remaining loans to the victim and not to reduce the value of the security.
Nevertheless, on March 25, 2016, the Defendant violated the above duties and disposed of the said two machinery and equipment to the F Representative G in Changwon-si, Changwon-si, even though the amount of KRW 60 million out of the above loans remains.
Accordingly, the defendant acquired property benefits equivalent to KRW 60 million and suffered damages equivalent to the same amount as the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Application of Acts and subordinate statutes to the appraisal statement, inquiry of credit conditions, statement of security summary by borrower, request for restoration to original state, notice of expected criminal complaint, certified copy, etc. of corporate registry, account transaction details, details of use of rash mechanical value, contract, transfer security contract (i.e., July 27, 201), and inquiry of loan transaction details;
1. Relevant Article 355 of the Criminal Act, Articles 355 (2) and 355 (1) of the Criminal Act, and the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act