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(영문) 울산지방법원 2015.04.16 2015고단22
배임
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is a person who operates D in Ulsan-gun C.

On August 5, 2011, the Defendant borrowed KRW 160 million from the Seoul Metropolitan Government Headquarters of the Ulsan District Headquarters of the Ulsan District Headquarters of the Promotion Foundation with the facility fund for the business start-up business, and provided the Defendant’s “Dudusan VT-900” owned by the Defendant as security for transfer to the victim.

In such a case, even though the Defendant had a duty to keep the “dual bargaining V-900” subject to security so that the victim may achieve the purpose of security, the Defendant violated his/her duty and arbitrarily sold 90 million won to an employee under the name failure of the “E” company on April 2014, thereby causing property damage equivalent to the above sales price to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A loan agreement and an agreement of transfer for security;

1. Application of Acts and subordinate statutes governing mechanical photographs;

1. The grounds for sentencing [the scope of recommending punishment] under Article 355(2) and Article 355(1) of the Criminal Act regarding criminal facts and Article 355(1) of the choice of punishment [the scope of imprisonment] [the scope of recommending punishment] [4-100 million won] and no basic area (4-100 million won)] [the decision of sentencing] [the defendant] appears to have committed the instant crime in order to liquidate employees' wages and retirement allowances, etc. in the course of reorganization of the company due to managerial difficulties. In light of the circumstances at a disadvantage that is unfavorable to the fact that there is no agreement with the victim, the defendant would repay 10 million won out of the amount of damage and pay 10 million won each month, but he will pay a certain amount, taking into account favorable circumstances, such as the fact that the defendant would pay 10 million won out

A sentence is pronounced, and the Defendant asserts that if “G” created by himself/herself is registered as H patent and products between Cho Man, he/she may repay the amount of damage of this case with his/her profits.

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