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(영문) 광주지방법원 2016.06.22 2016고단380
배임
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the “D” in Gyeongnam Kim-si C.

From March 30, 2006 to September 1, 201, the Defendant obtained loans from the Victim Industrial Bank of Korea amounting to approximately KRW 1.79 billion from the Victim Industrial Bank of Korea, and around September 2, 2011, the Defendant secured the Defendant’s collateral, and then, the Defendant kept the object of the said collateral on behalf of the victim, in line with the purpose of the collateral, on the part of the victim, the Horzon Malachler, Overe, Over Hene, the Industrial Bank of Korea, the Defendant, and the debtor, the maximum amount of KRW 2.2 billion.

Nevertheless, on June 2012, the Defendant did not notify the victim of the above Hizon Machinger 1 of the appraised value of KRW 190 million and sold the purchase price to F G located in Minsan City of KRW 145 million.

As a result, the defendant acquired financial benefits equivalent to the appraisal value of the above machines and instruments, and inflicted financial damage equivalent to the same amount on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H (Supplement of Complaints);

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) / [the scope of recommendation] Article 62(1) of the Act on the Suspension of Execution / [the scope of recommendation] Article 62(2) of the mitigated area (6 to 500 million won) / [the person who is subject to special mitigation / [the decision of sentence] Article 62(1) of the Act on the Suspension of Execution / [the sentence] is not punishable (the decision of sentence], taking into account the following circumstances, such as the age, sex, sex, family relationship, family environment, motive and means of

(b)bed;

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