(영문) 수원지방법원 안산지원 2017.05.12 2016고단4888

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2017.05.12 2016고단4888

배임

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. located in C3Ma 219 in Si interest city.

On June 26, 2014, the Defendant: (a) concluded a contract to establish a security right of KRW 64 million with the maximum amount of collateral on the loans that the said company and the Defendant shared to the victim; (b) on June 26, 2014, the Defendant transferred to the victim the amount of KRW 54 million equivalent to the market price of the first type of private type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type

Since the Defendant provided the above machinery as security to the victim, the Defendant had a duty to preserve the object of transfer security by fulfilling the duty of due care of a good manager for the victim until the victim repaid the loan to the victim.

Nevertheless, on December 18, 2015, the Defendant sold at KRW 30,000,000,000, a total of 1 type of type of type of type of type of type of type of type of type of type of type of type of type of type, and one type of type of type of type of type of type of type of type of type of type of type of type of type of type of

As a result, the Defendant violated his duty as a transferor collateral and sold the subject-matter of transfer collateral, thereby acquiring property benefits equivalent to KRW 30 million, and caused property damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the accusation, credit transaction agreement, transfer collateral agreement, and transfer collateral management ledger;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order (the scope of recommended punishment) (the scope of recommended punishment is less than 100 million won) is the basic area ( April to January).

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

-형법 제355조 제2항

유사 판례

-창원지방법원 마산지원 2016.06.29 2016고단349

-전주지방법원 2018.05.16 2018고단243

-수원지방법원 안산지원 2018.11.21 2018고단2122

-인천지방법원 부천지원 2018.10.18 2018고단1835

-창원지방법원 진주지원 2017.06.08 2017고정48