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(영문) 대구지방법원 2014.04.10 2013고단6597

배임

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On July 1, 2007, the Defendant: (a) borrowed 50 million won from Karo Fura, Inc., Ltd., and entered into a contract for movable property transfer on August 7, 2007, with the content that a notary public, who is located in Da, Changnam-si, Changwon-si, would transfer 1,910 pigs 1,910 raised in Da from the E law firm office to the victim company by means of an occupancy revision.

In this case, the defendant, who is a debtor of security by means of transfer, has duties as a good manager to manage pigs, which is the collateral, until he fully pays the above debts to the victim company, who is a creditor of security by means of transfer, in order not to dispose of pigs, as the collateral, and to raise

Nevertheless, on April 2008, the defendant violated his duties, and disposed of pigs offered for the above security to a person whose name is unknown, at 60 million won.

Accordingly, the defendant acquired property benefits equivalent to KRW 60 million and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to accusation, notarial deed information, and protocol of impossibility of executing corporeal movables seizure;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 355 (2) and (1) of the Criminal Act for the choice of criminal facts;

1. Scope of the sentence recommended according to the sentencing guidelines (decision of type): Each type of embezzlement and misappropriation crime (less than KRW 100 million) (the scope of the sentence for recommendation). April 1 to 14 months;

2. In light of the fact that the amount of damage caused by the breach of trust of this case, which was sentenced to a sentence, has reached a total of 6 million won, and that the damage suffered by the victim has not been recovered, it is inevitable to sentence the defendant to

However, there is a specific punishment that the defendant led to the crime of this case and is against the law.