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(영문) 춘천지방법원 속초지원 2013.04.17 2013고단35

배임등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On June 28, 2010, the Defendant in breach of trust took out a loan of KRW 273 million for support of small and medium enterprises from the Small and Medium Business Corporation, and offered 8 machinery equivalent to KRW 273 million in the market price as security for the victim as indicated in the attached list of crimes, including the automatic cutting system, which is owned by the Defendant, as well as the automatic cutting system, by which the Defendant operated by C&C, as well as 273 million won in the form of transfer to the victim. Thus, until the victim fully redeems the loan, the obligation to manage the said machinery for the victim was incurred.

Nevertheless, the Defendant urged the repayment of personal debt, and when the management of the company became difficult, he had the mind to dispose of the machinery provided as security for transfer, and in violation of the above duty, he acquired the pecuniary benefits equivalent to KRW 87 million from the transfer of the said machinery to Domethyl Co., Ltd. at the same time D around July 20, 2012, by transferring the said machinery in excess of KRW 87 million to Domethyl Co., Ltd. at the same time in East Sea, and suffered a property damage equivalent to KRW 273 million from the victim.

2. From March 2010 to August 2012, the Defendant entered into a contract for supply of steel bars (hereinafter “instant steel bars”) with the content that the Defendant entrusted all business affairs related to the construction and transportation of the instant steel bars (D13mm or D32m or m or d32m or m) in the order of Gangseo-si, the Defendant kept 2,026 tons in total,026 tons of the steel bars (hereinafter “instant steel bars”) that were entrusted by the victims, from March 201 to August 2012.

As above, the Defendant urged the victims to repay their personal debt while keeping the instant iron bars in custody, and became difficult to operate the company, and the Defendant operated the instant iron bars around 07:00 on July 21, 2012.