배임
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The duty to keep collateral and to maintain value when establishing a security for transfer of movable property by means of issuing a summary of reasons for appeal;
2. Determination
A. The lower court determined as to the prosecutor’s assertion of violation of the law, on the grounds as indicated in the judgment, that the duty to preserve and maintain collateral does not fall under another person’s business and the evidence submitted by the prosecutor alone was insufficient to recognize that the content of the transfer security agreement includes contents based on a
Examining the record, the decision of the court below is justified and there is no error of law that affected the judgment in violation of the Acts related to breach of trust.
B. The court, ex officio, allowed the prosecutor to amend the indictment of breach of trust, which is the primary charge of the previous charge of breach of trust, and the prosecutor's application for modification of indictment.
Preliminary facts charged are found guilty (see Supreme Court Decision 2006Do4263, Nov. 27, 2008, etc.). The judgment of the court below which acquitted the primary facts charged with the same body cannot be affirmed (see Supreme Court Decision 90Do1958, Apr. 26, 1991, etc.). 3. The judgment of the court below is reversed ex officio.
In accordance with Article 364(2) of the Criminal Procedure Act, the Criminal Procedure Act shall be reversed and the following judgment shall be rendered:
Criminal facts
On October 24, 2017, the Defendant obtained a loan of KRW 70 million from the Industrial Bank of Korea, which is the victim company, to set up a security for transfer by means of possession and amendment to the vertical machine operation center ( model name KF4600) owned by the Defendant in the factory in Kimhae-si, Kimhae-si, the victim company.
In doing so, the Defendant sold the above machinery in January 2019 to the name Buddhist boxes (one name D) in KRW 55 million and removed it from the factory. On May 21, 2019, the Defendant was removed from the above machinery, which was the object of transfer security, to another type of machinery installed in the I factory located in Kimhae-si, Kim Jong-si.