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(영문) 창원지방법원 2017.12.06 2017고단171
배임등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant in the case of 2017 Gool 171 is a person who manufactures E to manufacture motor vehicle parts located in Kimhae-si.

On September 5, 2012, the Defendant was in possession of the Defendant’s factory as security for the loan obligation, at the same place where the Sungwon-si, Changwon-si, the 473-gil 263 Linnam, the Kinwon-si, and the Kinwon-si, the Kin-si, the Kin-si, the Kin-si, the Kin-si, the repayment period of which shall be one year from the Kin-si, and shall be 370,000,000 won in total from the loan of the company short-term general funds

Press (DS-200P, DS-160P, DS-160P, DS-100) 3, the transfer of the total machinery and equipment of the four major machinery and equipment by the method of possession revision (2), the transfer of the total machinery and equipment of the four major machinery and equipment as security.

As above, there is no specific method of public announcement of the security right as movable property, so the debtor and the person who has created the transfer security right as well as the defendant have the duty to keep and use the security with the care of a good manager in accordance with an agreement with the victim, and if the possession of the security is interfered with or is likely to be interfered with, notify the victim of such fact without delay so that the victim may achieve the purpose of the security sufficiently.

Nevertheless, on July 31, 2015, the Defendant violated his duties and sold all the above seven machinery and appliances in the above E plant to F (State) for KRW 400 million, thereby obtaining property benefits equivalent to the market price of machinery and appliances and causing property damage equivalent to the same amount to the victim.

2. The Defendant in the case of the 2017 High Order 390 is a person who operates “H” located in G in Kimhae-si.

around December 31, 2014, the Defendant entered into a contract with the Industrial Bank of Korea to obtain a loan of KRW 200 million from the Industrial Bank of Korea as a loan for small and medium enterprise facilities funds for small and medium enterprises, and two presses (DS-80) equivalent to KRW 72 million (DS-80) owned by the Defendant at the above “H” factory to the victim.

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