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(영문) 부산지방법원 2017.02.09 2016고단937
배임등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal record] On November 12, 2015, the Defendant was sentenced to a suspended sentence of two years on September 3, 2016 at the Busan District Court for a violation of the Labor Standards Act, etc., and the judgment became final and conclusive on September 3, 2016.

around February 20, 2008, the Defendant: (a) entered into a contract to establish a security right of KRW 400,000,000,000,000 for a loan of KRW 400,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

Since the Defendant provided the above machinery as collateral to the victim, the Defendant had a duty to preserve the object of transfer security by fulfilling the duty of due care of a good manager for the victim until he/she repaid his/her obligation.

Nevertheless, on July 2010, the Defendant violated his duties and sold the above machinery to D in gold 200 million won.

As a result, the Defendant violated his duty as a transferor collateral and sold the subject-matter of transfer collateral, thereby acquiring property benefits equivalent to KRW 200 million, and suffered damages equivalent to the same amount to the victim.

"2016 Highest 1789"

1. On June 26, 2014, the Defendant would deliver scrap metal at a price lower than the market price for five years to the victim’s “G office operated by the Victim F in Gangseo-gu Busan Metropolitan City E”, which was operated by the victim F, Busan Metropolitan City, for the payment of KRW 500 million to the victim.

In other words, when the delivery volume exceeds 200 tons per month, 50 won per kilogram, when the monthly amount exceeds 100 tons but less than 200 tons per kilogram, 60 won per kilogram, and 70 won per kilogram when the amount of supply is less than 100 tons.

“.....”

The Defendant is a deposit account of Daegu Bank in the name of H, a person who is trusted to do so, and KRW 300 million on the same day as the deposit money.

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