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(영문) 수원지방법원 안양지원 2014.06.27 2014고단309
업무상배임
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

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

The defendant is the representative director of the D Co., Ltd. in Suwon-si, which is located in Suwon-si, and is engaged in the management of 20,000 won per month of the 200,000 won-in vehicle, and is engaged in the management of the rolling stock. The defendant should not transfer the rolling stock or offer it as security without the consent of the rolling stock owner.

Nevertheless, around April 27, 201, the Defendant received a loan of KRW 77 million from an employee in charge of loan of the new savings bank, whose name cannot be known in the loan brokerage office of the Hanyang-gu, Gyeyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-si, and created a mortgage equivalent to the same amount on the same day as the same day for the victim E to offer the FF vehicle which was left in by the said company as collateral. From that time to April 29, 2013, the Defendant created a mortgage four times in total by creating a mortgage, such as the attached list of crimes, thereby gaining a property profit of KRW 347 million, and the victims suffered property damage equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes on filing a complaint of E;

1. Article 356 of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act and the choice of imprisonment for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] are as follows: (a) the reduction of 1/3 [special mitigation] of the lower limit of the sentence due to the increase in the number of stages 2 (not less than 100 million won but less than 500 million won) as a result of the combination of various types of mitigation areas (4-2 years) and the reduction of 1/3 (special mitigation] of the lower limit of the sentence; (b) the damage amount was reduced to 347 billion won; and (c) the damage amount was reduced to 30,000,000 won; (d) the victim E, H, and J agreed with the victim.

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