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(영문) 서울중앙지방법원 2017.02.06 2016고단2820

배임

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a representative director of E Co., Ltd. (hereinafter “E”).

On February 14, 2014, the Defendant provided the victim with the object of transfer security by means of occupying and amending the flight training equipment owned by E (hereinafter “instant flight training equipment”) by borrowing KRW 50 million from the victim H on April 14, 2014 (hereinafter “the borrowed money”).

Therefore, even though the Defendant was obligated to keep the obligee’s security interest holder’s security interest in order to achieve the purpose of the security, the Defendant, in violation of his/her duty, arbitrarily disposed of the instant flight training device at I University on July 23, 2014 at KRW 187,320,000 ( approximately KRW 258,000,000,000 converted into Korean currency), and that year.

8. The instant flight training device was transferred to the I University by delivering it to the I University on the following day:

As a result, the Defendant acquired the pecuniary advantage equivalent to KRW 50 million in the loan of this case in E, and thereby caused the victim to incur a property loss equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and J;

1. Application of certified copies of donations, such as E, fair deeds, and loan certificates-related Acts and subordinate statutes;

1. Article 355(1) of the Criminal Act applicable to criminal facts and Article 355(1) of the Criminal Act (the choice of punishment: the Defendant was the first offender; the Defendant was a national meritorious service who served in the Air Force for more than 30 years; the Defendant faithfully paid interest on the borrowed money until July 2016; the Defendant repaid the amount of KRW 10 million on January 26, 2017; the Defendant was unable to operate funds in the course of management of E; and the Defendant had the intent to cause direct damage to the victim.

Considering the fact that it appears)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.