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(영문) 수원지방법원 안산지원 2016.11.22 2016고단2546

배임

Text

A defendant shall be punished by imprisonment for four months.

except that 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

On May 10, 2012, the Defendant purchased 100 million won from the Victim Small and Medium Business Corporation’s office of the Small and Medium Business Corporation with the funds for establishing a small and medium enterprise, purchased 100 million won with the funds for establishing a small and medium enterprise, and entered into a security transfer agreement with the victim as a mortgagee for the above reinforcement attachment.

Although the Defendant maintained and managed the above reinforcement attachment, which is a security, for the victim pursuant to the above agreement, the Defendant violated his/her duties, and disposed of the reinforcement attachment at the office of the “D” company located in Ansan-si, Ansan-si, A around April 30, 2015 to the said company KRW 15 million.

As a result, the defendant acquired financial benefits equivalent to the above amount, and caused a loss equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A loan agreement and an agreement of transfer for security;

1. Application of electronic tax invoices, transaction details-related statutes;

1. Article 355 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Type 1 (100 million won] (100 million won) shall be taken into account such factors as: (a) the mitigation area (1 to 10 months) (special mitigation person); (b) the violation of the decision of sentence; (c) the deposit of the above selling amount; and (d) the deposit of the same selling amount;