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(영문) 서울중앙지방법원 2015.08.12 2015고단3787
배임
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A, from May 201 to December 201, operated the mountain mountain mountain mountain mountain mountain mountain mountain mountain mountain mountain mountain village from South Korea, and around December 201, he transferred the mountain mountain mountain village to Defendant B to maintain the name of the business operator in his business registration, and Defendant B was operated by taking over the mountain mountain village from Defendant A as above.

Defendant

A around January 30, 2012, in order to secure the victim's daily feed corporation's liability for fertilizers in the course of operating the above Gyeyang-gu, Suwon-si. In order to secure the victim's total amount of KRW 80 million, the Defendants provided the victim's company with 60,000,000, which is the defendant B in the above Yangyang-gu, as security for transfer, and the defendant B entered into a contract for the joint and several surety of the above payment obligation.

Therefore, the Defendants had the duty to keep the victim company, who is the mortgagee, in order to achieve the purpose of the security, and became in the position of a person who deals with the business of the victim company, who is the mortgagee.

Nevertheless, around December 2012, the Defendants conspired to dispose of 60,000 of the above mountain mountain mountain mountain mountain mountain mountain map within the above mass farm around 200,000 won to the pilot in the name of the pilot, thereby acquiring property benefits equivalent to the above amount and causing damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol against the Defendants

1. The first police suspect interrogation protocol against Defendant A;

1. Statement made to D by the police;

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

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 355(2) and (1) and 30 of the Criminal Act (the point of breach of trust and the choice of imprisonment);

1. The reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of recommending punishment] (4-100 million won] and no basic area (4-1 year and 4 months] [the decision of sentencing] are contrary to the defendants, and

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