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(영문) 창원지방법원 2019.03.27 2018고단2897

배임

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 29, 2017, the defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Changwon District Court on the same year.

4. 5. The decision becomes final and conclusive, and the defendant is the actual representative of the Dispute Resolution Co., Ltd. in Jinju-si.

On October 30, 2015, the Defendant entered into a mortgage agreement on the debt of a loan to the victim in the E-bank in Busan metropolitan traffic Daegu D, with the victim E-bank, and provided the land for factory, building, and its internal machinery, equipment, etc. at the address as joint collateral, and completed a mortgage creation registration under the Act on Mortgage on Factory and Mining Foundation at the location of the said domicile as joint collateral. On December 11, 2015, the Defendant completed a mortgage registration under the Act on Mortgage on Factory and Mining Foundation, adding a list of internal machinery, equipment, etc. within the factory as joint collateral, and thus, the Defendant, the representative of the company, has the duty to manage and preserve the said secured goods for the mortgagee.

Nevertheless, around December 2016, the Defendant, as a factory machine in a factory, voluntarily disposed of two robots (100 million won equivalent to 100 million won in the appraised value) and one soft master (No. 5 in the list, No. 12) in the robot hand-over system (RBOT HIN SYING SYEM, No. 12) in which the right to collateral security was established.

As a result, the Defendant arbitrarily disposed of the above machinery inside the factory that was established by violating his duties, thereby acquiring property benefits equivalent to KRW 187 million, which is the sum of the security value of the above machinery, and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A copy of each contract establishing a collateral security, and a list of taken out machinery and tools;

1. Before judgment: