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(영문) 대구지방법원 2019.08.22 2018고단6029

배임

Text

A defendant shall be punished by imprisonment for not less than eight 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

From January 30, 2013, the defendant is a person who actually operates 'B' (representative:C) from around January 30, 2013.

On March 8, 2013, the Defendant purchased from H any factory buildings, land, and machinery located in the E BankF Business Book located in Seocheon-gu, Daegu, as the nominal owner of the contract, with regard to the above factory buildings, land, and machinery, the Defendant purchased from H the said factory buildings, land, and machinery from the E Bank F Business Book of the E Bank located in Seocheon-gu, Daegu, as the nominal owner of the contract, and concluded a mortgage agreement (factory mortgage agreement) with the victim E, a stock company, and the maximum debt amount.

1. Although the Defendant had a duty to manage and preserve the said secured article for the mortgagee, the Defendant sold at his own discretion to the above “B” factory located in Yongcheon-si, Yongcheon-si, the Defendant sold approximately KRW 32 million for a pulverg, approximately KRW 1 for a pulverg, approximately KRW 32 million for an appraisal, approximately KRW 28 million for a combined period of appraisal, and KRW 28 million for a combined period of appraisal.

2. On April 2015, the Defendant arbitrarily decomposed the said “B” factory, the appraisal of which is the object of the said right to collateral security, a approximately twenty-eight million won, and melted the lux machine that is not the object of the said right to collateral security.

3. On July 2017, the Defendant sold at will a storage tank size of approximately six million won the object of the right to collateral security at a J company located in Yong-si, Young-si.

As a result, the defendant violated his duties three times in total, thereby acquiring approximately KRW 123 million, which is the sum of security values of each of the above machinery, and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Statement of the police statement to K;

1. Application of Acts and subordinate statutes of the specifications of evaluation of machinery and tools, written agreement to establish a mortgage, written agreement to alter a mortgage, and written agreement to assume obligations;

1. Article 355(2) of the Criminal Act of the corresponding Article of the Criminal Act concerning criminal facts;