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(영문) 수원지방법원 2016.09.07 2015고단4757
배임등
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Suwon District Court for eight months, and on December 17, 2014, the Defendant was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor for fabrication of securities at the Suwon District Court on December 17, 2014, and the said judgment became final and conclusive on December 25, 2014.

The defendant is the actual operator of C Co., Ltd.

C A. On October 31, 2013, at a 194-ro Macheon-si, Youngcheon-si, Youngcheon-si, a company company entered into a credit transaction agreement with the Industrial Bank of Korea on the credit limit amount of KRW 150 million, annual interest of KRW 4.0380,000 on October 31, 2016, the credit transaction agreement and credit limit amount of KRW 500,0380,000 on October 31, 2014, annual interest of KRW 5.6190 on October 31, 2014, and on the same day, the company entered into a credit transaction agreement on the above loan obligation as collateral, and concluded a contract on the factory and mining foundation for the purpose of building 1 and 2 above ground, and Article 6 of the Act on Mortgage and mortgage for the purpose of its internal machinery, equipment, etc., and made a mortgage registration agreement on the collateral property as a collateral administrator and custodian of the said company.

Nevertheless, on December 16, 2013, the Defendant transferred to E one type of mechanical sPE-450, which is the object of the said right to collateral security, one type of mechanical sPE-450, which is the object of the said right to collateral security, with the purchase price of KRW 20,000,000, and took it out without permission.

The Defendant, from around that time to December 10, 2014, concealed machinery that became the object of the victim’s right to collateral over three occasions as indicated in the attached list of crimes, thereby hindering the victim’s exercise of the right to collateral security. In violation of his/her duties, the Defendant acquired pecuniary benefits equivalent to KRW 37 million in total sales proceeds of each of the above machinery and acquired pecuniary benefits, and is equivalent to KRW 7,383,00,000 in total as collateral value for the victim.

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