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Reasons
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(영문) 창원지방법원 2020.05.07 2019고단3947
배임
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 25, 2016, the Defendant, as the representative director of B (hereinafter “B”) around March 201, as the Defendant: (a) created a collective security right with a maximum debt amount of KRW 5,964,00,000, and a collective security right with a maximum debt amount of KRW 600,000,000, around October 18, 2012; (b) around April 21, 2015, the Defendant, as the Defendant, as the victim Co., Ltd., Ltd., (hereinafter “B”), created a joint security right with respect to the land of KRW 7840,00 and the building on land, etc. owned by B, which is a factory; (c) accordingly, the Defendant had to additionally set up a mechanical model with a mechanical device under Article 35 or 60 of the Act on Mortgage and Mining Foundation for the purpose of protecting the victims’ factories and the EM-I-I-B-B-B-M model.

Nevertheless, on March 25, 2016, the Defendant violated his duties and sold the said Machining Agent to E company (F) for KRW 7,700,000, thereby obtaining pecuniary benefits equivalent to the above amount in B, and suffered pecuniary loss equivalent to KRW 40,850,000 (the appraised value of April 21, 2015) to the victim C Co., Ltd.

2. On April 26, 2017, the Defendant in breach of trust, despite the duties as described in paragraph (1), violated the said duties and sold the said Horzonal Balling M/C to G company (representative H) for KRW 9,900,000, thereby obtaining pecuniary benefits equivalent to the said amount. On April 26, 2017, the Defendant suffered pecuniary damage equivalent to the appraised value of KRW 25,80,000 for the victim C Co., Ltd. (as of April 21, 2015).

Summary of Evidence

1. Defendant's legal statement;

1. Complaints, accompanying documents, and statements of the police officer to I;

1. A mechanical sales contract, electronic tax invoice, and a detailed statement of appraisal and assessment;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 355 of the Criminal Act concerning criminal facts and the choice of punishment

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