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(영문) 울산지방법원 2017.07.13 2017고단793
배임
Text

A defendant shall be punished by imprisonment for not more than ten 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

From June 2, 2014 to May 20, 2015, the Defendant provided 57 factories and machinery facilities installed in E company E company located in Ulsan-gun, Ulsan-gun, U.S., U.S., Inc., with a total of KRW 4,130,701,00 on 11 occasions, and provided 57 factories and mining foundation mortgage security rights to the victim at the location of Yangsan-si, U.S., the Defendant provided 55 (C. 55) of Yangsan-si. The Defendant provided 57 factories and machinery facilities installed in E company E company located in Ulsan-gun, U.S., U.S., Inc., as security pursuant to Article 6 of the Mining Foundation Mortgage Act.

Therefore, until the above debt is fully repaid, the defendant had a duty to keep the factory machinery with the right to collateral security in accordance with the purpose of collateral security and not to arbitrarily remove it.

Nevertheless, on May 20, 2016, the Defendant violated the above duties and transferred the aforementioned duties to F Co., Ltd. located in Ulsan-gun on May 20, 2016, the sum of the values indicated in the list of evidence Nos. 360,445,000 won in the above factory machinery facilities, “1 unit of Model (Model)”, “Vertic Machling Co., Ltd. (F500), “Machining Co., Ltd. (SPT-T30)”, “one unit of Model”, and “Virtic Maching Co., Ltd. (VX50)”, and “one unit of 4 large sum of the values indicated in the list No. 2 of evidence Nos. 360,445,000 won, thereby obtaining economic benefits equivalent to the above amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The investigation report (the 19th time);

1. Application of statutes on lists of removal machinery, contracts for the establishment of collateral security, and books and documents;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. In light of the legal provisions applicable to the ordinary concurrent indictment, the prosecution seems to have regarded the instant case as a single or a single single crime.

Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (not to be less than a liability for the relevant crime in light of the size of the assignment, but to be the primary offender, the agreement with the victim, and other records.

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