beta
(영문) 창원지방법원 마산지원 2014.05.21 2014고단362

배임

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a manufacturing company with the trade name of C in Changwon-si Mhappo-si B.

On February 17, 2011, the Defendant obtained a loan of KRW 270,000,000 from the victim corporation, 32, the first floor of the Sungwon-si, Sungwon-si, Gyeongnam-dong Branch of the Gyeongnam Bank, Gyeongnam-gu, Seoul, for the promotion of local small and medium enterprises. On the same day, the Defendant submitted to the above bank a list of machinery equipment containing machinery, such as a shocker (production, 3,000,000,000,000) installed in the above factory pursuant to the Factory and Mining Foundation Mortgage Mortgage Mortgage Act, by setting up a right to collateral security on the company factory site and its ground factory building.

Around September 2013, the Defendant violated the above contract, even though the duty to keep the above factory machinery, which was provided as security to the victim and to maintain the value of the security, and transferred the above pressure cutting machine to D, his creditor, as a repayment for the debt amount of seven million won.

Accordingly, the defendant acquired property benefits equivalent to 30 million won in the market price of the above machinery, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination on the grounds for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act) where the degree of violation of duties is insignificant (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution) (Article 1-10 months) (Article 1-10 months).