배임
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who, around October 2007, took over and managed the “F” in E from D to E in harmony.
D On June 2, 2005, when obtaining a loan of KRW 400 million for small and medium enterprise loans from the Industrial Bank of Korea of the victim and a loan of KRW 660 million for local restructuring facilities, she concluded a right to collateral security contract with the victim bank to revise on October 10, 2005, and concluded a right to collateral security contract with the victim bank. In addition to the forests and fields already provided as collateral, it provided factory buildings and machinery as additional security for each of the above loans, and the defendant acquired the above F as a representative of the above company, the defendant, who is the representative of the above company, was obliged to keep the collateral in accordance with its purport so that the creditor bank can achieve the purpose of collateral.
Nevertheless, on June 17, 2016, the Defendant, in violation of the above duties, provided the victim bank as security and provided the same as above, thereby causing damage equivalent to KRW 63,838,00,00 in total to G (state) with three appraisal of machinery, including one string M/C (5) machine, Mtilling M/C (3 3) from among machinery equipment kept in the said F (State), and one string of LARA6025, and 63,838,000,000 in total, from among the machinery equipment kept in the said F (State).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. A certificate of all registered matters;
1. A credit transaction agreement, each contract for the establishment of mortgage, each additional contract for the establishment of mortgage, and each contract for the alteration of the right to lease on a deposit basis;
1. Urging the restoration of mortgaged machinery without permission;
1. Application of Acts and subordinate statutes of a contract for trading used machinery;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;
1. Article 62-2(1) of the Criminal Act, the Act on the Protection, Observation, etc. of Social Service Orders;