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(영문) 대구지방법원 서부지원 2016.09.02 2016고단40
배임등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case, the details of the attached list of crimes (money and valuables in arrear) are set.

Reasons

Punishment of the crime

"2016 Highest 40"

1. The Defendant in breach of trust is a person who has been operating the Motor Vehicle Parts Manufacturing Business Co., Ltd. D in Daegu-gu.

On April 26, 2011, the Defendant offered 41,000,000 won to the victim as collateral security at a press (BS-10) equivalent to KRW 48,000,000 in the market price owned by the Defendant. On May 10, 2012, the Defendant borrowed 123,000,000 won from the victim, and provided 1,23,000,000 won in the market price owned by the Defendant as collateral security at a press (BS-200) and 62,00,000,000 won in the market price of 72,00,000 won in the market price owned by the Defendant.

Therefore, the Defendant had a duty to keep and manage the above presses 2 and the UN Lever Feer's machine 1 set as a good manager's duty of care so that the victim can achieve the purpose of the above transfer security.

Nevertheless, on September 26, 2015, the Defendant violated his duties and sold the presses and straw machinery (a depreciation) at the above D plant to E (Seoul-do Senior Gun) and acquired an amount of non-property interest, and caused property damage equivalent to KRW 152,110,000, out of the above loans, to the victim.

"2016 Highest 115"

2. The Defendant in violation of the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits is an employer who employs 15 full-time workers while ordering the said company D to do so.

From July 24, 2014 to September 30, 2015, the Defendant did not pay 4,79,890 won, including the sum of 1,967,830 won in September 2015 wage, 472,340 won in bonuses, 135,60 won in annual salary, 224,120 won in annual salary, 135,600 won in annual salary, 224,120 won in the event of a cause for payment, within 14 days after the date on which the cause for payment occurred, without an agreement between the parties to the extension of the due date.

"2016 Highest 550"

3. On August 29, 2013, the Defendant in breach of trust against the Daegu Bank.

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