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(영문) 수원지방법원 2016.06.22 2016고단2193

배임

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On May 3, 2016, the Defendant was sentenced to a three-year suspended sentence of imprisonment for a crime of fraud at the Suwon Giwon, and the judgment became final and conclusive on May 11, 2016.

[2] The Defendant served as the representative director of the E-listed corporation located in Ansan-si, Dongg-si, Seoul, from May 28, 2009 to March 2014.

On April 8, 2010, the Defendant borrowed KRW 210 million from the Bank of Korea at the Industrial Bank of Korea branch office of the Industrial Bank of Korea in the Industrial Bank of Korea-U.S. 1234-7 Singu, Sinsi-si, 1208 block No. 208, and provided the above company-owned Sluri-do (MINISTRTERE) as collateral to the above bank, which is located in the E-factory located in Ansan-gu, a member-gu, A. In addition, the Defendant offered the above company as collateral.

Although the Defendant had a duty to keep the said machinery with the care of a good manager until he/she performs his/her obligation as a transferor collateral, the Defendant provided the said machinery again at the above factory upon request of the Defendant F at the Defendant’s friendship on March 2013 as collateral for the purpose of securing the F’s obligation to persons in distress, and became an auction disposition on January 2014.

Accordingly, the defendant obtained property benefits equivalent to the above price of the machinery from the person who was not the victim of the above name, and the victim bank suffered loss equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A list of grounds for calculation of a credit transaction agreement, a transfer security agreement, and a credit account statement;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Sentencing for sentencing under Article 62(1) of the Criminal Act: (a) unfavorable circumstances, such as the fact that the balance of the principal and interest that the instant machinery borrowed from the victim bank as security has exceeded KRW 150 million; and (b) the Defendant was the victim and the victim.