배임
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
The defendant was the representative director of corporation C in Ulsan-gun B.
On March 4, 2008 and April 28, 2008, the Defendant established a maximum amount of 1.7 billion won, and 500 million won, respectively, for the land, buildings, and water-driven facilities owned by the Defendant with loans from the Victim Busan Bank Co., Ltd., Ltd., and established a mortgage of 1.7 billion won and 500 million won, and around May 23, 2008, around March 4, 2008; and
4. According to the self-mortgage agreement on 28.28. Around May 23, 2008, Busan Bank established the maximum amount of 500 million won for all of the above machinery, factory sites, and buildings, etc., the collateral security was a duty to preserve the collateral value with due care of a good manager as to the above machinery, which is the object of collateral security, until the victim bank repaid its loans to the victim bank.
Nevertheless, on February 2014, the Defendant received 33,00,000,000,000 won of total market value of 75,2170,000 won among the 35 types of machinery established in the above-mentioned collateral at the above-mentioned company, and transferred 170,000,000 won in total to D, E, etc.
As a result, the defendant in violation of the above duties acquired a total of KRW 170 million property benefit, and caused a loss of property equivalent to the same amount to the victim.
Summary of Evidence
1. A protocol concerning the examination of suspect of some of the defendants to the prosecution (the purport that the defendant was unaware of the provision of security in the machinery disposed);
1. Statement made by the police with regard to F;
1. A complaint;
1. Relevant data, such as a copy of a contract for creation of the right to collateral security under Article 7 of the Factory Mortgage Act, related data, such as a copy of the contract for creation of the right to collateral security, and copies of
1. Application of Acts and subordinate statutes to report on investigation (to hear statements by complainants);
1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;
1. The reason for sentencing of selective sentence of imprisonment.