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(영문) 인천지방법원 부천지원 2019.11.26 2018고단454

배임

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the representative director of C, a corporation located in Gyeongbuk-gun B.

On November 16, 2015, the Defendant entered into a contract with the headquarters in the region headquarters in the region headquarters in the region in the region in the region in the region in the region in the region in the region in the region in the region in the region in the region in the region in which the Defendant, at around 31, 2016, obtained a loan of KRW 350 million from the victim. On March 31, 2016, the Defendant established a collateral security right equivalent to KRW 420 million of the maximum debt amount in the victim’s name with respect to KRW 1,00,000,000, in order to secure the said loan obligation at the same location under the Factory and Mining Foundation Mortgage Act.

In such a case, the defendant has a duty to keep the machinery and equipment which is the object of factory mortgage until the debt is repaid in accordance with the purpose of the security.

Nevertheless, on February 17, 2017, the Defendant, in breach of his/her duties, provided as security by borrowing from G the above-mentioned local unit of Fursch Rexroth, slater, and stetoma as a factory in the above-mentioned C factories in Seongbuk-gun, Seongbuk-gun, Sung-gun, and then taking out as security the same year.

5.14.Tompson presses were sold to H in the same place at the same time for 63 million won.

As a result, the Defendant violated his duties, thereby obtaining property benefits equivalent to KRW 350 million, which is the market price of two above machinery, from the above G and H, and suffered property damages equivalent to the same amount from the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement given to I by the police;

1. A criminal investigation report (to hear statements on the details of the release of mortgaged property);

1. Application of a loan agreement, a mortgage creation contract, a loan management ledger, a cash loan certificate, a sales contract, and the details of transactions in each account shall be governed by statutes;

1. Relevant provisions of the Criminal Act and Articles 355 (2) and (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment, and the reasons therefor;

1. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);