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(영문) 수원지방법원 안산지원 2017.08.11 2017고단1208
배임등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has operated D Co., Ltd. in Si interesting City C.

On November 9, 2016, the Defendant entered into a contract to establish a collateral security right with the maximum amount of KRW 47 million out of the loans that the said company incurred to the said bank at the location of the Steel Complex located at the Bank of Korea located on the coast of Seocho-si, Stitu-si (hereinafter “the Bank of Korea”) on November 9, 2016, the Defendant offered 136,735km of pressure pipes and carbon pipes for high pressure pipes at the workplace of the said company as collateral to the victim.

Since Defendant provided the above property owned by the above company as collateral to the victim, Defendant had a duty to manage and preserve the above secured property for the victim as an operator of the company that created the collateral security interest.

Nevertheless, on December 2016, the Defendant violated the above duty and transferred all of the pressure pipes and high-tension pipelines offered as security at the workplace of the said company without permission, to a person who was in a name unexplosion.

As a result, the Defendant concealed pressure pipelines and carbon plates for high-tension pipes, which are the object of the victim's right to collateral security, thereby hindering the victim from exercising his/her right to collateral security, and acquired pecuniary benefits equivalent to KRW 47 million in the amount of secured claim secured by the above right to collateral security, and caused damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (report on the submission of an appraisal report by the complainant's agent) and appraisal report;

1. A credit transaction agreement and a contract for the establishment of a collateral security right;

1. A list of objects of security for movable property;

1. Application of Acts and subordinate statutes on credit;

1. Article 355 (2) and (1) of the Criminal Act and Article 323 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing selective sentence of imprisonment with prison labor is that the defendant acknowledges the facts charged, and there is no record of committing the crime.

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