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(영문) 대구지방법원 서부지원 2015.11.26 2015고단1388
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

‘‘(D’’’’ is an operator in the Gyeongbuk-gun’s old group C.

On January 20, 201, the Defendant entered into a loan agreement with the victimized company on the terms of “division repayment with loans of 130 million won from the victimized company,” at the office of the Daegu branch office of 'Tgu branch office of 1088, "Seoul-do, Chungcheongnam-gun, Chungcheongnam-do, a company taking advantage of 100 million won from the victimized company.” On January 20, 201, the Defendant entered into a contract to transfer a security transfer agreement on the machinery owned by the Defendant as security for the obligation to repay the loan (Austmone Furna, Salkerer’s method, A pron M/C) with the machinery owned by the Defendant as security for the obligation to repay the loan.

In addition, around February 7, 2014, the Defendant concluded a loan contract with the victimized company that stated that “a 100 million won was loaned from the victimized company and repaid the full amount of loans on February 7, 2015,” at the Sung-gu office of Sungdong-dong 1194, the Defendant entered into a contract to transfer a security for transfer by means of the possession revision (Austling Furna, KMF-150), ADID Furna, Normazing Furna), as security for the obligation to repay loans, with three units of machinery owned by the Defendant as security for the obligation to repay loans (Austling Furna, KMF-150), ADTRna, Normazing Furna).

As above, the Defendant provided the machinery owned by the Defendant as a security for transfer to the victimized company, and thus, there was a duty to keep the said machinery, the object of security for transfer, with the duty of due care of a good manager, until

However, around December 20, 2014, the Defendant had the mind to dispose of part of the said machinery on the grounds that “Austempling Furce” among the five parts of the said machinery [it is not helpful for the operation of the said machinery because the said machinery was worn-out and operated properly, although it was expected that the transfer cost of the said machinery would be high,” and that the said machinery would not be helpful for the operation of the said company.”

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