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(영문) 수원지방법원 안산지원 2013.07.10 2013고단1007

배임

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who operates an electronic component manufacturing company with the trade name "AD" in 106 Dong-gu, Ansan-si.

On June 16, 2009, the Defendant provided 6 points of machinery, such as the Solar Broadcasting (Hgh Speed Macher) equivalent to KRW 150,00,00 in the market price, at the location of the Silcheon-si Corporation 710-2 Silsan-si, Sungcheon-si, 710-2 Silsan-si, 602-1, and 350,000,000 won from the damaged bank. As such, the Defendant had the duty to faithfully keep the damaged bank, the mortgagee, until full payment of the above loan, so that the damaged bank, can achieve the purpose of the security.

Nevertheless, on December 14, 2011, the Defendant violated the aforementioned duties, sold the same air unit to E in the amount of KRW 85 million.

As a result, the defendant acquired property benefits equivalent to the above sale amount, and caused property damage equivalent to the same amount to the damaged bank.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A complaint (including attached documents);

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;