beta
(영문) 부산지방법원 2014.10.31 2014고단5212

배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operates E (the former trade name before change) located in Gyeongnam-si Kimhae-si D.

The Defendant, around April 28, 201, entered into a credit transaction agreement with the Industrial Bank of Korea Kim Jong-hae branch of the Victim Kim Jong-si on March 25, 2021 as a loan for other facilities, and on March 25, 2021, in order to secure the above loan obligations, the Defendant, as described in the attached list of crimes, provided 5 machinery equivalent to the total market value of 292 million won, including DoW-200 (-01AD) 2000 (-01AD) 1 unit, as shown in the attached list of crimes, as a security, as the Defendant provided 5 units of machinery equivalent to the total market value of 292 million won, as a security for transfer, and received a payment for the loan. Thus, the Defendant had the duty to preserve and manage the said machinery, which is a security, until the above collateral is realized, such

Nevertheless, on April 25, 2012, the Defendant, in violation of his duties, disposed of 200t Press 200t Press in G to 55 million won, and thereafter, disposed of 50 million won in total of the market price from February 10, 2014 as shown in the list of crimes in the attached Table, thereby acquiring financial gains equivalent to 290 million won in total, and causing financial losses equivalent to 270 million won in the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. Application of credit transaction agreements, contracts for transfer of security Acts and subordinate statutes;

1. Where an obligor transfers movable property owned by him/her to a creditor by possession or revision in order to secure the pertinent legal provisions regarding facts constituting an offense, Article 355(2) and (1) of the Criminal Act regarding the selection of a sentence, and a pecuniary obligation for the conviction of guilt of imprisonment with prison labor, the so-called weak security is established. Thus, the obligor is obligated to keep the movable property in custody so that the obligee can achieve the purpose of security, and is in the position of a person who administers his/her business against the obligee. Thus, the obligor disposes of the movable property transferred for security.