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(영문) 수원지방법원 2017.07.06 2017고단3040
배임
Text

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

On April 7, 2005, the Defendant obtained a loan of KRW 200 million from the injured party Industrial Bank of Korea located in the Industrial Bank of Korea of Gyeonggi-do, and offered as a collateral a transfer of five hundred million won, the Defendant continued to provide the above machinery as collateral on March 6, 2009, after repaying the existing loans of the injured party Industrial Bank of Korea and obtaining a loan of KRW 170 million.

The defendant had a duty to keep and manage the above machinery until the Industrial Bank of Korea pays the loans to the victim pursuant to the above agreement.

On January 29, 2016, the Defendant, in violation of the above duties, sold the said machinery to E in excess of KRW 50,000,000, and acquired property profits equivalent to the same amount, and sustained damages equivalent to the same amount at the Bank of Korea for the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on credit transaction agreements, contracts for transfer security, and contracts, and Acts and subordinate statutes on attendance attendance cards;

1. Relevant Article 355 of the Criminal Act, Articles 355 (2) and 355 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] No person who has no basic area (the period from April to April) [the person subject to special sentencing] / [the decision of sentence] in light of the method and content of the instant crime / although it is not good to be a crime in light of the method and content of the instant crime, the Defendant is against the mistake; the Defendant has no record of being punished for the same crime; the Defendant has no record of being punished for the same crime; the Defendant has the obligation to pay KRW 25 million to the victim and the Defendant has the obligation

The actual amount of damage caused by the transfer of sales claim equivalent to KRW 10 million to the victim is less than the sales proceeds of the machinery as indicated in the judgment. In addition, the records are recorded, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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