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(영문) 수원지방법원 안양지원 2018.11.14 2017고단1441

배임

Text

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

Reasons

Punishment of the crime

The defendant is a representative director of the Dongjak-gu Seoul Metropolitan Government building B and C corporation in the third floor, who has overall control over the business of the C corporation.

On April 28, 2010, the Defendant borrowed KRW 300,000,00 from the above damage to the above damage at the office of the branch office of the victim E-bank Terminal in Seocho-gu Seoul, Seoul, and provided the victim with approximately KRW 221,156,80,00 at the market price as security, G-dong and H Dong of the second floor factory building on the ground other than C-owned corporation of KRW 221,156,80,00, and completed the registration of the establishment of a collateral security right of KRW 360,00,00 with respect to the above factory building.

6. 17. 경 재차 피해 자로부터 620,000,000원을 차용하면서 피해자에 대하여 그 담보로 시가 약 71,000,000원 상당의 주식회사 C 소유인 갠트리 크레인 1점 등을 제공하여 위 기계에 관하여 공장 저당권을 설정하였다.

Accordingly, according to the above credit transaction agreement and mortgage contract, the Defendant bears the duty not to reduce the value of the collateral by arbitrarily disposing of the factory, machinery, and apparatus as the object of the collateral in the future.

Nevertheless, on January 12, 2015, the Defendant, in violation of the above duties, entered into an agreement with the J as an operator of I and C Co., Ltd. to act as an agent for the said I to remove, rebuild, or perform construction works, etc. under the delegation from the Corporation, and from that time, the saidJ has from that time run the same year.

3. 6. 경까지 공장 건물 및 갠트리 크레인을 철거하도록 하였다.

As a result, the defendant was a person who administers another person's business and acquired pecuniary benefits equivalent to the amount of money by violating his duty, and the victim suffered a loss equivalent to the amount of money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. Statement made to the prosecutor by the J;

1. Statement by the police concerning L;

1. A complaint;