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(영문) 대구지방법원 서부지원 2014.01.27 2013고단1530

배임

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal power] On September 12, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment for breach of trust at the Daegu District Court on August 12, 2013, and the said judgment became final and conclusive.

【Criminal Facts】

The Defendant operated a mutual motor vehicle parts manufacturing enterprise of the trade name “C” in Daegu Seo-gu B.

On June 29, 2005, the Defendant entered into a credit transaction agreement at the Nowon-gu, Daegu, Nowon-gu, Foreign Exchange Bank's Nowon-gu branch, and took out a loan of 55 million won from the foreign exchange bank under the guarantee of the Korea Technology Credit Guarantee Fund, and offered two CNC groups used at the said workplace as a collateral for security. However, on May 18, 2012, due to the Defendant's failure to repay the above loan, the Defendant paid the said loan amount of KRW 13,238,021, which is the balance of the Defendant's above loan, by subrogation, and received a transfer of the right to transfer the said machinery from the foreign exchange bank.

According to the above security agreement, the defendant has a duty to faithfully manage the above machinery of the object of security for the victim within the ordinary use or business scope with due care as a good manager, and not to unfairly reduce the value of security such as disposing of it.

Around July 28, 2010, the Defendant, in violation of the foregoing duties, sold to D 1,250,000 won, 2,3650,000 won, 2,3650,000 won, 3,5550,000 won, 3,5550,000 won, respectively, the Defendant sold to F 3,33,550,00 won, two of the CNC preference group in the workplace at the time, including the foregoing transferred property for transfer.

As a result, the Defendant acquired property benefits equivalent to KRW 13,238,021 of the above loan balance, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A contract for transfer security;

1. Previouss before judgment: Criminal history records;