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(영문) 수원지방법원 안양지원 2016.05.24 2016고단131

배임

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated the C (State) company that processes and sells motor vehicle parts located B in Ansan-si in Gyeonggi-do.

1. On June 27, 2007, the Defendant: (a) established a right to collateral security at the Industrial Bank of Korea branch (hereinafter “victim bank”); (b) on June 27, 2007, the Industrial Bank of Korea established a right to collateral security with the maximum claim amount of KRW 600 million with respect to the land and a single-story factory building; and (c) CNC LA (manufacturer Jap Citnitnnnn), which is a machinery and equipment within the factory, at the factory; (c) received a loan from the victim company; and (d) around January 30, 2009, received a loan of KRW 50 million with the maximum claim amount of KRW 40,000 from the victim company; and (d) around January 30, 2009, received a loan of KRW 400,300,700,300,000,000,000, 300,000, 304, 300, 300, 30.

As above, since machines and instruments in the above factory have been offered as collateral to the victim bank with mortgage, the defendant violated his duty to dispose of the above machines and instruments at will and not damage the collateral value. However, on October 2013, the appraisal, which was provided as collateral to the purchaser of used machines and equipment at the victim bank, was in violation of his duty, 43,950,000 won for the appraisal, which was offered as collateral to the victim bank, 8,000,000 won for 9,520,000 won for appraisal, and 36,00,00,000,000 won for the CNC LA (manufacturer JFngnnnnnnnnnnnnnnnnnnnn) and the appraisal was sold to the company equivalent to 38,080,000,000 won for 30,000,0000 won for 30,300,000 won for 300,000.

2. On May 8, 2015, the Defendant in breach of trust was granted a loan from a victim bank on June 25, 2014.