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(영문) 광주지방법원 2018.05.03 2017고단5800

배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, as the representative director of Corporation D (hereinafter referred to as "D") located in Gwangju-gu, Gwangju-gu, sold 31,00,000 won to E (hereinafter referred to as "F") around September 18, 2006 through three times from around July 20, 201, the Defendant acquired 331,00,000 won from the victim Gwangju-gu, a total of 33 times from around September 18, 2006 to July 20, and sold 17,000 won from each of the following day to the victim's property gains by taking over as collateral, and selling 430,150,000 won (including each supplementary facility (hereinafter the same), total of appraisal values, 430,150,000 won) to the bank in good faith. On June 28, 2012, the Defendant, as the representative director, sold 20,000 won in total, and sold 7,000 won in property gains.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the details of machinery and tools, a letter of credit transaction, a copy of the contract, a detailed statement of each deposit transaction, a copy of remittance to be deposited in the passbook, a detailed statement of transaction, and a copy of the

1. The relevant legal provisions of the Criminal Act and Articles 355(2) and 355(1) of the Criminal Act regarding criminal facts and the grounds for sentencing [the scope of the recommended sentence] [the grounds for sentencing [the scope of the recommended sentence] 2 types (one year to 500 million won) (one year to 3 years)] of the basic area (one year from 100 million won to 500 million won) [the decision of sentencing] [the decision of sentencing] reflects the Defendant’s mistake while making a confession, was living without any particular criminal record, and the company operating the sentence appears to have fallen out of the crime.

However, the profits acquired by disposing of the company's property offered as security by the financial institution without permission is considerably large, and most profits acquired by the crime are likely to be criticized by preferentially using such profits as living expenses of the principal and his family, repayment of debts to relatives and relatives.

These major circumstances, investigation and marketing are revealed.