배임
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is that the Defendant was the representative director of E, a company located in Gyeongdong-gun D.
On August 25, 2011, the Defendant, at the Industrial Bank of Korea F of the Industrial Bank of Korea on August 25, 201, set up a mortgage of KRW 2,435,00,000 and KRW 270,000 under the Factory Mortgage Act to the Industrial Bank of Korea, including 58 machinery on the secured mortgage. As such, the Defendant had a duty to keep the said object until the debt is repaid.
Nevertheless, on May 2012, the Defendant violated the above duties and sold 8 machinery equivalent to KRW 275,724,000,000 in total amount of KRW 74,50,000 to the owner of a high-water shop in his name at around 1,496,00,000, as shown in the attached crime list, such as disposing of 50,000 won to the owner of a high-water shop in his name in violation of the above duties. The Defendant voluntarily sold 8 machinery equivalent to KRW 275,724,00 in total eight times, such as the list of crimes, thereby obtaining pecuniary benefits equivalent to KRW 74,50,00 in total, and then, the said bank sustained damages equivalent to the above KRW 275,724,00.
2. In the process of replacing the worn-out machinery with new visibility, the Defendant did not know that the employee in charge was the machinery provided as security to the injured bank, and did not know that the machinery provided as security was sold to the employee in charge of delivery of the Defendant, while leaving the replacement of the worn-out machinery in charge. Therefore, the Defendant asserted that there was no intention of breach of trust.
Witness
According to G’s legal statement, each police statement of the Defendant and H, each contract for the establishment of a lower right, the list of sales facilities, and the response to the restoration of machinery and instruments to the original state, the following circumstances are revealed.
First, around August 25, 2011, the Defendant offered the site of the factory in the victim bank and the machinery provided as security together with the building around 58. In around 2012, when the Defendant started to dispose of the instant machinery, 100 representative machinery was installed in the E’s factory around 2012, and the old machinery that the Defendant changed in order from around 201 to around 30 to 40 unit was offered as security by the Defendant.