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(영문) 수원지방법원 안양지원 2012.12.11 2012고단1277
배임
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On July 21, 201, the Defendant borrowed 580,000,000 won from the Defendant’s National Bank at the location of Seocheon-gu, Seocheon-gu National Bank Park Jong-dong, 155-2, the Defendant agreed to set up a factory mortgage on five of the machinery located at the Defendant’s factory and factory (one type of transformation equipment, Over He, Aircrew, Airrew, Hgr Press, Uncoer & NC Leeeder) at the time of harmony owned by the Defendant.

On July 22, 2011, according to the above agreement, the Defendant had a duty to keep the collateral in order for the victim, a creditor of the right to collateral security, to achieve the purpose of the collateral.

Nevertheless, on February 2012, the Defendant, in violation of the foregoing duty, sold and delivered to the person in whose name the machinery of Hgh Speed Press and Uncoer & NC Leader Feeder two kinds of machinery from among the foregoing collateral at the end of February 2012, 150,000.

Accordingly, the defendant acquired property benefits equivalent to KRW 150,000,000, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A written agreement, a document establishing the right to collateral security, and a statement of credit president;

1. Application of Acts and subordinate statutes to report on investigation (verification of the scale of damage to a victim);

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

2. Article 62 (1) of the Criminal Act;

3. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, although the Defendant arbitrarily disposed of the machinery, which is a security, and thereby inflicted damage on the victim, was not agreed with the victim until now, the crime is not less specific, but it appears that the Defendant committed the instant crime to use the overdue wages and retirement allowances for employees under the circumstances where the management of the company is difficult, and the amount of loans to the victim is about KRW 1.7 billion.

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