logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2020.01.16 2019고단1639
배임
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has operated the “C” as a vessel parts manufacturing business chain in the Geum-gu Busan Metropolitan Government.

On October 31, 2014, the Defendant entered into a contract with the victim E-bank located in Busan Eastdong-gu to provide KRW 300 million to the damaged company as collateral, and entered into an agreement with the damaged company for the provision of KRW 300 million to the damaged company of KRW 1,000,000, KRW 1,000,000,000,000,0000,000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,00.

According to the above agreement, the Defendant had a duty to preserve an object of transfer for security so that the victimized company can achieve the purpose of transfer for security.

Nevertheless, the Defendant violated his/her duties and sold the above automation device to the “F” company on September 2018, thereby obtaining pecuniary benefits equivalent to KRW 75 million, which is the balance of the debt to the victimized company, and suffered pecuniary damages equivalent to the same amount from the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A copy of a credit transaction agreement, security for transfer, etc.;

1. Application of investigation report (Evidence Number 6) Acts and subordinate statutes;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Although the errors of the defendant in the reasons for sentencing under Article 62(1) of the Criminal Act are not less than those of the defendant in the suspended sentence, considering the following circumstances, the sentencing conditions specified in the arguments in this case, such as the defendant's age, character and conduct, environment, motive and circumstance leading to the crime in this case, circumstances after the crime, degree of damage, etc., are against the defendant.

arrow