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(영문) 서울중앙지방법원 2018.06.28 2018고단1877

배임

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who operates the Electronic Parts Manufacturing Business D in Mosung City B and C.

On December 29, 2006, from around 26, 201 to June 26, 2017, the Defendant obtained a loan of 3,175,100,000 won in total from the branch office of the Industrial Bank of Korea from the damaged party located 14 times, and provided a mortgage on the machinery of 16 points, such as a shooting type type (VC80/50), which was established within the factory of the said company’s real estate, along with the above company’s real estate.

Therefore, the defendant has a duty to keep the machinery provided as the above security in good faith until the above loan changes are made.

Nevertheless, the Defendant violated his duties and disposed of 7 points of machinery offered as security between the damaged bank from January 5, 2016 to December 14, 2016, as shown in the list of crimes, and acquired a total of 197,685,000 won and suffered property damage equivalent to the same amount from the damaged bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the table of credit transaction status, each credit transaction agreement, and the ledger of loan transaction, each contract for the establishment of a low-class ledger, each contract for the change of the current status, each contract for the change of the current status, appraisal statement, tax calculation statement, and one copy of the transaction contract (342 pages of investigation records);

1. Article 355 (2) and (1) of the Criminal Act and Article 355 (1) of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

1. The sentence shall be imposed on the defendant in consideration of the following: (a) the first sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes; and (c) the basic area (1 to 500 million won) (1 to 3 years) (the scope of recommendation) of the two types (10 million won) of Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes; (d) there is no person who has been punished [the person who has been subject to special sentencing] [the sentence] of the defendant’s damage caused by the instant crime; and (e) the amount the defendant acquired by the disposition of the instant machinery exceeds KRW 1

However, the defendant is the first offender, and the defendant is the defendant.