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(영문) 창원지방법원 2018.08.09 2017고단3609

배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In order to agree to accept C from B to raise the above acquisition price, the Defendant entered into a credit transaction agreement of KRW 1.5 billion and KRW 500 million and KRW 500 million and KRW 500 million with the victim bank in the name of the Defendant at the office of Changwon-si, Inc. (hereinafter “victim bank”) on March 23, 2016, respectively, with the Defendant entering into a contract for the lending of KRW 1.5 billion and KRW 500 million with the victim bank. On the same day, the Defendant entered into a contract for the lending of KRW 2.4 billion and entered into a contract for the creation of the right to collateral security on March 25, 2016 with the maximum amount of KRW 2.0 billion and transferred the amount of KRW 2 billion from the victim bank to the account in the name of F. On the same day. The creation of the right to collateral security was made on April 14, 2016, by entering into an additional contract for the creation of the right to collateral security, creation of 1.5 billion.

As above, the Defendant created a collateral security right against the 8th unit of the instant machinery and instruments. Until the change of the loan, the Defendant fulfilled his duty of care as a good manager to use, preserve, and manage the said mortgaged object within the ordinary usage or business scope, and did not perform any act of reducing the value of the mortgaged object, such as disposing of the said mortgaged object.

Nevertheless, the defendant violated the above duty and at the office of the Co., Ltd. I located around July 2016 in Kimhae-si, around 2016, one half of the total market price of KRW 246 million, and one half of the total market price of KRW 85.1 million, and one half of the total market price of KRW 61.5 million.