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(영문) 부산지방법원 동부지원 2017.08.09 2017고정585

배임

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

From May 2013 to May 2015, the Defendant was a person who managed B Co., Ltd., and around August 27, 2013, the Defendant concluded a security loan contract with the complainant and provided B Co., Ltd. with B Co., Ltd. as a joint guarantor, and C Co., Ltd. No. 1954, Co., Ltd. was a joint guarantor.

The defendant is the possessor of the above vehicle, and the defendant received the loan 25.4 million won from the complainant according to the loan contract, so the complainant can exercise the mortgage and there was a duty to ensure that the collateral value is not lost.

On September 2014, the Defendant, in violation of his duty, decided to offset the amount payable to E by five million won for the entire ESD amount, and transferred the above vehicle to the witness and acquired profits equivalent to security value equivalent to 1,788,000 won, and caused damages equivalent to the same amount to the complainant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement protocol to F;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

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