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(영문) 의정부지방법원 고양지원 2014.01.09 2013고단1880
배임등
Text

A defendant shall be punished by imprisonment for one year.

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 the representative of “Co., Ltd.” located in “Co., Ltd.” in Pakistan-si.

On March 22, 2011, the Defendant borrowed KRW 640 million from the Industrial Bank of Korea, the victim, and KRW 150 million on March 12, 201, and KRW 100 million on March 12, 2012, the Defendant created the right to collateral security on the part of the Defendant’s factory and land, together with the foregoing company’s factory and land.

Therefore, according to the above contract to establish a mortgage, the Defendant had a duty to keep the subject matter in accordance with the purpose of security until the obligation is repaid.

On July 2012, the Defendant, in violation of the foregoing duties, sold at will to a senior machine operator who is unable to know the names of 17 million won of the above appraised amount and 45 million won of the above appraised amount in the above factory at the early police station, and sold at will to 20 million won of the appraised amount. At around that time, 10 million won of the appraised amount and 10 million won of the appraised amount to 17,593,50 won of the above mechanical lease amount to the above bank, and transferred at once of the above factory foundation the above 17,50 million won of the appraised amount to 17,593,50 won of the above mechanical lease amount to the above bank, and at the same time, transferred the above machinery foundation which constitutes the object of the Factory and Mining Foundation Act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 355 (2) and (1) of the Criminal Act (generally, in breach of trust), Article 60 (1) of the Act on Mortgage on Factories and Mining Foundations (generally, in transferring movable property constituting a factory foundation) of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the heavier punishment);

1. Article 62(1) of the Criminal Code provides that the Defendant sold one unit of the Acryle Foundation and one unit of CNC sculptures in order to use it as a monthly salary and retirement allowance for employees, and the sales price actually.

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