(영문) 의정부지방법원 고양지원 2014.01.22 2013고정1724

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(영문) 의정부지방법원 고양지원 2014.01.22 2013고정1724

배임

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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has operated D and E in the Si Culture and Arts Corporation 2 or 605.

On September 15, 2011, while the Defendant borrowed KRW 18,950,00 to the Victim F, but failed to repay it, the Defendant offered the said machinery as security by preparing an agreement to the effect that “if the Defendant is unable to repay the debt by March 15, 2012, the victim would not pay the debt by March 15, 2012, 4 presses machines, 3 presses machines, 4 pressesing machines, 4 pressesing machines, 4 pressesing machines, 1 presses, and 2 presses, the victim would not be held liable for civil criminal liability even if taken out of the Republic of Korea.”

The Defendant had a duty to faithfully keep and manage the subject-matter of security by the time of repayment of the loan in order to enable the mortgagee to achieve the purpose of the security by means of the above security agreement.

Nevertheless, on March 7, 2012, the Defendant: (a) around March 7, 2012, at the time of failing to repay the borrowed money to the victim; (b) confirmed the transfer on February 1, 2012 of 4 frame machines; (c) on the part of the employees representative G, H, I, and J, of the said machinery, the Defendant prepared and delivered “written transfer of machinery and processed products” to the effect that the said machinery is transferred on March 11, 2012, to the employees representative G, H, I, and J, and that the said machinery is not subject to civil criminal liability even if the employees’ representative voluntarily removed the said machinery.

Accordingly, the defendant suffered the loss of security against the victim's 18,950,000 won of credit, and acquired the pecuniary benefit of paying the overdue wages equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution;

1. Partial statement of the police suspect examination protocol against the defendant (including the G's partial statement);

1. Statement of the Police Statement with F 1.

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