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(영문) 수원지방법원 평택지원 2016.06.16 2015고단1819

배임

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant has served as the representative director of D Co., Ltd. in Ansan-si from February 16, 2015.

D around January 7, 2015, upon acquiring the debt of KRW 1,339,960,000 to the Bank of Korea of the Victim, D created a maximum amount of KRW 1,200,000 to the Bank of Korea with respect to the land and its above ground factory building owned by the company, and created a mortgage in accordance with the Factory Mortgage Act with respect to machinery installed in the above factory building (Maching Co., Ltd. 3, Over Head 1, and power transformation equipment 1). On April 10, 2015, D created a mortgage in accordance with the Factory Mortgage Act with respect to machinery installed in the above factory building.

On July 9, 2015, the Defendant concealed one machinery that became the object of the right to collateral security of the victim bank (No. 1 of the lower list, Machinger 1, manufacturer chemical machinery industry, and product manufactured on March 2015) at an inf location, and obstructed the exercise of the right of the victim bank by transferring it to F in amount to KRW 100 million.

Summary of Evidence

1. Statement by the defendant in court (six public trial dates);

1. A written agreement on mortgage creation and a list of factory-backed machinery and tools;

1. A complaint;

1. Application of Acts and subordinate statutes on trading contract with F;

1. Article 323 of the Criminal Act applicable to the crimes;

1. Determination on the application of the sentencing guidelines of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence: The scope of recommended sentencing guidelines of applicable O: consideration of all circumstances, such as the fact that there is no criminal history except the fine of June 1 to year 2009 in the basic area (in addition to the fine of 1 to year 1), the defendant does not have personal interest, and the defendant appears to have used the company's debt, etc.;