logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2016.03.31 2015고단1741
배임
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 4, 2012, the Defendant: (a) concluded a loan agreement with the victimized Company to pay KRW 1,221,880 per month to the victimized Company; and (b) concluded a loan agreement with the victimized Company to obtain KRW 35,000,000 from the victimized Company; (c) on December 4, 2012, the Defendant provided the victimized Company with the right to collateral security as the person having the right to collateral security as the victimized Company as the person having the right to collateral security to the damaged Company.

Therefore, as a defendant who provides the above scools as security to the damaged company, there was a duty to maintain and manage the above scooters so that the value of security of the scools can not be unfairly reduced.

However, in violation of the above duties, the Defendant borrowed KRW 9,600,000 from F in the place of early 2014, from F, for the purpose of securing the crypter.

Accordingly, the defendant suffered damages equivalent to KRW 23 million, which is the market price of the above excavation season, from the damaged company, and acquired property profits equivalent to the same amount.

On January 31, 2013, the Defendant: (a) purchased a loan brokerage business entity “H” office located in G from the name of the Defendant; (b) borrowed KRW 70 million from the victim A Capital Co., Ltd. to cover the purchase price of the above mining season; and (c) on the same day, the Defendant registered the establishment of a collateral security right, the value of which is KRW 70 million for the mortgagee’s company and the claim value of which is KRW 70 million, in order to cover the purchase price of the above mining season; and (d) on the same day, the Defendant registered the establishment of a collateral security right, the said mining pool was to be kept for the purpose of security until the loan was refunded.

On June 2014, the Defendant borrowed KRW 15 million from a credit service provider (the “J”) who is unable to know the name at the construction site of the 88 expressway 13 construction site for the 13rd highway in violation of the foregoing duties and thus, in violation of the said duties, the Defendant borrowed KRW 15 million from the 88 expressway 13 construction site for the Gyeongbuk-gun.

arrow