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(영문) 서울중앙지방법원 2016.02.11 2014고단5422

배임

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who operated C with the purpose of processing and manufacturing bail.

1. On July 9, 2010, the Defendant purchased at the above company's office located in Gangnam-gu Seoul, Seoul, for 90 million won from Kabb, Korea Co., Ltd., and paid the remainder of 63 million won, excluding the advance payment, with a loan of 36 months from 2.36 months from 3.6 months from 3. The Defendant provided the above Rabing machine as collateral to the victim until the full payment of the loan was made. As such, the Defendant had a duty of care as a good manager to keep the rab for the victim.

Nevertheless, prior to the full payment of the above loans to the victim in violation of his/her duties, the Defendant, from April 201, to August 201, 2012, delivered the above Raalking machine to his/her name-free land owner as a security for borrowed money, thereby obtaining pecuniary profits equivalent to the above security amount, and the victim suffered pecuniary losses equivalent to the above amount.

2. At around August 9, 2010, the Defendant purchased 3D printers 1 and 3D printers 32,7730,000 won from the above Kabba in the above Kaba office, and paid 229,41,000 won, excluding the advance payment, by obtaining a 36-month installment loan from the same victim company. Until the payment of the loan was made in full, the Defendant provided the above Kaba and kis to the victim as collateral, and thus, the Defendant had a duty to keep the above Kaba with due care as a good manager for the victim.

Nevertheless, before the Defendant paid the above loans to the victim in full due to his/her violation of his/her duties, the above capitals from April 201 to August 2012 shall be delivered to E, F, and 4D stores as the security for unpaid benefits or borrowed money, and the above capitals shall be granted to G around October 2013 to acquire the pecuniary benefits equivalent to the above security amount and the victim shall acquire the pecuniary benefits.