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(영문) 수원지방법원 안산지원 2017.02.07 2016고단3839
배임
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who has operated Da located in the second floor of the building in Ansan-si.

From September 14, 2006, the Korea Development Bank loaned a total of 3.3 billion won to D throughout several times, and acquired a security interest in the type of D-owned machinery and equipment 41 as security.

On May 2015, the Defendant: (a) sold four parts of the security against a victim; and (b) sold them to repay KRW 23 million to the victim.

The victim requested the above 23 million won to receive the above 23 million won, and at the same time the above 4 transfer security was terminated.

However, around May 2015, the Defendant sold and disposed of at least KRW 3,160,00 at a factory, NC LeVer Feer (2t) (security appraisal value of KRW 3,160,00) located in Incheon, and sold at will, around September 2015, two high-speed presses (40t) at the above (State) Dsan factory, high-speed presses (40t) (each security appraisal value of KRW 40,160,000, KRW 29,120,000), one high speed presses (30t), and one (20,000,000,000 won) at a construction section microscope (security appraisal value of KRW 23,00,000), and one (230,000,000,000 won) at will, and then, sold at approximately KRW 23,30,00,00.

In addition, around April 2016, the Defendant sold 10 million won to a trading business entity of used goods at the above (State) D, 3 of C-Frame Press (each of security appraisal of KRW 9,58,000, KRW 8,534,000, KRW 10,744,000), and 1 of C-Type Press (security appraisal of KRW 6,275,00), and arbitrarily consumed all of the proceeds by selling 10 million to a trading business entity of used goods.

As a result, the Defendant arbitrarily sold the said nine machines and instruments (a total of KRW 150,581,00) as collateral for transfer, and then consumed all the proceeds of sale, thereby violating the obligation to handle business affairs on the property of the victim. At the same time, the Defendant took a profit of approximately KRW 33 million in the sale amount of the said machines and instruments, and at the same time suffered a loss equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Receipt of a complaint, additional data to be submitted by the complainant and a criminal investigation report (request for release of transfer security).

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