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(영문) 수원지방법원 안양지원 2014.09.26 2014고단304

배임

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

Around April 23, 2010, the Defendant requested the Small and Medium Business Corporation to provide funds for facilities to the victim at the office of the headquarters of the Small and Medium Business Corporation located in Chungcheongnam-dong, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the representative director of which was the Defendant, to set a collateral security amount of KRW 1,320,000,000, which is part of the loans on the 27th of the same month, and received a loan of KRW 300,000,000, which is a part of the loans. On September 14, 2010, the Defendant changed the foregoing collateral security right into a factory and a mining foundation mortgage under the Mining Foundation Mortgage Act, and provided class 38 of the machinery, equipment and structures in the factory, which are owned by the Korea Development Corporation, to the victim as a collateral. Despite the duty to maintain the above machinery, equipment and structures by the time of repayment of the debt, the Defendant in violation of the duty to set the collateral security amount of KRW 10,000,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes on the mortgage change contract for factories and mining foundations under Article 6 of the Mortgage Act; and

1. Relevant provisions of the Criminal Act, Article 355 (2) and (1) of the Criminal Act, the choice of imprisonment with labor (it shall be considered that the scale of damage is large);

1. The fact that the Korea Asset Management Corporation, which acquired the victim's claim under Article 62 (1) of the Criminal Code of the suspended execution, agreed to request debt settlement and to repay the debt in installments, and in the future, it is not a planned crime, but a planned crime.