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Reasons
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(영문) 창원지방법원 2016.03.31 2015고단2496
배임
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant: (a) registered the business entity that manufactures the motor vehicle parts of “D” in “D” in Kim Sea-si; (b) registered the business entity as the Defendant’s representative in relation to the Defendant’s bad credit; and (c) registered the business entity as the representative of the said D around June 2008.

On August 5, 2010, the Defendant transferred four of the CNC lines owned by E to the victim bank in the name of E in the case of borrowing KRW 200 million from the victim bank at the Industrial Bank of Korea (hereinafter “the victim bank”) located in Changwon-si, Changwon-si (hereinafter “the victim bank”). On August 5, 2010, the Defendant concluded a transfer security contract with the victim bank.

In addition, the Defendant: (a) from around December 10, 208 to August 3, 2012, from around December 10, 2012, the Defendant (i) provided KRW 750,300,000 from the victim bank in the name of E with a total of KRW 11,000,000 from the victim bank; and (ii) transferred KRW 11,000 to 10,000 by automatic supply; and (iii) concluded a transfer security contract with the victim bank; and (ii) the Defendant and E had a duty to keep the said machinery with the care of a good manager until the payment of the said loan was made.

Nevertheless, around October 2013, the Defendant and E received 13 million won from the above MCT VX-400, and transferred 13 million won from the above CNC lines to G around February 6, 2014, 4 from the above CNC lines received 100 million won, and transferred 75.9 million won from the above CNC line lines to H around February 24, 2015.

Accordingly, the defendant, in collusion with E, acquired a total of KRW 190,780,000,000, and suffered a property damage equivalent to the same amount from the victim bank.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (including the E substitute part);

1. Statement made by the police to J;

1. Each investigation report; 1.1.

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