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(영문) 대구지방법원 서부지원 2015.04.10 2015고단92

배임등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 9, 2012, the Defendant provided 1,600 pigs owned by the Defendant as collateral for transfer in order to secure a debt equivalent to 500 million won of the maximum debt amount against the Victim G (H) corporation at the F General Law Office located in Daegu Suwon-gu, as the owner of the two pigs located in G, Sung-gun, Sung-gun, Gyeong-gun, in order to secure a debt equivalent to 500 million won of the maximum debt amount.

At the time, the Defendant sought written consent from the victim at the time of release of the transferred collateral, and agreed to immediately supplement the quantity of the collateral, and thus, the Defendant violated the duty to preserve the value of the collateral and to perform its duty of care as a good manager, and disposed of at least 544 pigs worth KRW 170,563,030 in total at the market price from that time until July 23, 2013.

Accordingly, the victim filed an application for the seizure of corporeal movables against the said pigs, and the enforcement officer I affiliated with the Seog District Court Seo branch of the Daegu District Court attached a seizure indication on July 23, 2013 to the above D farm management office by the above court's decision of seizure of corporeal movables (No. 2013No. 1812) at the above D farm management office.

Nevertheless, the Defendant, from around that time to February 11, 2014, additionally removed and disposed of at least 865 pigs equivalent to the aggregate market price of KRW 271,207,775 won, thereby impairing the effectiveness of the attachment indication performed by a public official in relation to his/her duties, and obtained property benefits equivalent to the aggregate market price of KRW 441,770,805 as a person who administers another’s business, in violation of his/her duties.

2. Around 10:00 on February 3, 2014, the Defendant: (a) ordered the victim to set up a right to collateral security on the buildings, accessories, etc., such as the said D site, stable, etc., and (b) around July 15, 2013 to secure the victim’s obligation under the said paragraph; (c) however, (d) disposed of to the victim by removing stol (a stol consisting of steel breeding facilities) which is a livestock shed in the market price, thereby disposing of it to the victim’s right.