배임
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From around 2008 to December 2013, the Defendant served as the regular manager of the D Co., Ltd., running aggregate extraction business in Hongcheon-gun, Hongcheon-gun.
On December 7, 2012, the Defendant borrowed KRW 150 million from the victim E at the office of the president of the said company, and instead, offered the victim as security, from December 7, 2012 to April 7, 2013, the Defendant paid KRW 800,000 per month from the date of the above loan the amount of KRW 270,000,000,000 in the market price of the said company owned by the said company. If the Defendant is unable to repay the said debt, the Defendant entered into a transfer-backed contract and machinery rental contract with the content that the damaged person can dispose of the said rupture and appropriate it for repayment, and received from the damaged person on the same day the amount of KRW 150,00,000 in the account of the said company.
However, the defendant filed a civil lawsuit seeking the performance of the above obligation by the injured party due to his/her failure to repay the above obligation, and on February 15, 2013, the defendant borrowed KRW 150 million from the injured party as of December 7, 2012 from the injured party, and at the same time, the defendant secured the dissolution of the D Co., Ltd. to the injured party as a security for the performance of all the obligations to be incurred in the present and future, and transferred its ownership to the applicant.
“A judicial compromise was made with the content of “”.
Therefore, according to the above agreement and the above judicial compromise, if the defendant is unable to repay the above debt to the victim until he fully pays the above debt, there was a duty to make the victim dispose of the above rupture and appropriate it for the repayment of the debt.
Nevertheless, the Defendant violated the above duties, and established a mortgage on the instant tin in the athletic industry around February 19, 2013, and transferred it to the athletic industry around December 7, 2013, thereby enabling the athletic industry of the company to be KRW 150 million.