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(영문) 수원지방법원 2014.04.09 2013고단5959
배임
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 2, 2010, the Defendant borrowed 130 million won from the new bank, the victim new bank, at interest rate of 6.2% per annum, and due date of payment on June 4, 2018, and continued to use the said equipment by establishing a security transfer for two CNC lines (ST21, SK151) against the victim to secure the above loan obligation.

The Defendant had a property duty to use the two above CNC Line Co., Ltd. provided as security to the victim until he/she pays the above borrowed money according to such security transfer agreement in accordance with its usage and maintain the value of the security.

Nevertheless, on January 201, the Defendant violated the above duties and sold the two above CNC lines to the person who was unaware of his name at the D office located in Sinung-si, Sinung-si, to 58 million won.

Accordingly, the defendant acquired property benefits equivalent to 58 million won, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. A complaint;

1. Application of a contract for the transfer of object by transfer, a letter of guarantee, a certificate of subrogation, a contract for transfer by transfer, and a detailed statement of transfer

1. Article 355(2) and (1) of the Criminal Act, the choice of imprisonment for a crime

1. Article 62 (1) of the Criminal Act (the circumstances leading to criminal conduct and the fact that there is no special criminal record except the fine);

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