beta
(영문) 광주지방법원 2014.11.20 2014고단1744 (1)

배임등

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant G, from February 1, 2012 to February 1, 2012, is the representative director of (State) H, who operated the said company like A.

Around April 26, 2012, the Defendant and A obtained a loan of KRW 900,000,000 from the Victim Small and Medium Business Corporation in the above company office located in Gwangju Mine-gu, the Defendant and A entered into a mortgage contract with the victim as to the type 55 points (the total appraised amount of KRW 82,094,700) including the machinery, equipment, etc. installed in the above company factory, and the victim had a duty to keep the machinery, equipment, etc., the object of which is the object of the mortgage until the debt is repaid, in accordance with the purpose of the mortgage.

Nevertheless, around August 25, 2012, the Defendant and A conspired to act in violation of their duties and sold 55 points of machinery and appliances, such as ultra-frequencywelter, etc., the object of factory mortgage, to K at will at KRW 250,000,000, thereby obtaining financial benefits equivalent to the same amount and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. A loan agreement or a document establishing a mortgage;

1. Application of Acts and subordinate statutes concerning transfer contract of machinery and equipment;

1. Relevant Article 355(2) and (1) of the Criminal Act, Article 355(2) of the Criminal Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] the sentence under Article 62(1) of the suspended sentence, the basic field of sentencing (one to three years) 2 types (one hundred million won or more to five hundred million won) (one to one year) of the Defendant’s participation in the instant crime, the extent of damage caused by the instant crime, the scale of damage caused by the instant crime, the age, character

It is so decided as per Disposition for the above reasons.