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(영문) 광주지방법원 2013.03.21 2012고단1267
업무상배임
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A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 18, 2004, the Defendant was the representative director of the Hamp-gun C Co., Ltd., the Industrial Bank of Korea established a factory mortgage of KRW 220 million with the maximum debt amount of KRW 12,000,000,000,000, and provided the Industrial Bank of Korea as security, two additional 12 machinery equipment of the said company, such as “Mank-kn-kn-kn-kn-k-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-

Therefore, the Defendant had a duty to keep the machinery equipment of 17 items, a total of 21 items (the total market value of 553,867,00 won), which is a collateral, in line with the purpose of collateral until the Defendant repaid the secured obligation of factory collateral security.

Nevertheless, on June 28, 2010, the Defendant violated his/her duties, sold in violation of his/her duties at KRW 52,00,000 to the first buyer E, among the second buyer of the instant company’s business establishment, the luctor lucator luculaters, Oitsker, Roster luclter, Stexer, Stex (Korean), half-Automatic Thompson, and Banbler (D), and in violation of his/her duties;

9.4. At the same place, at around 50,000 won in total of the purchase price of machinery and equipment sold at KRW 59,000,000,000 in open boxes, three-to-open boxes, three-to-oto-oto-o-o-o-o-o-o-o-o-o-o-o-li, open boxes, open gambling machines, electronic dynamics, and eption machines.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. Each contract to establish a mortgage, each contract to alter the list of mortgage rights, and each contract to change the list;

1. Each appraisal report;

1. Documents sent by investigation report (284 pages), documents prepared and sent by E (286 pages of investigation records), G (288 pages of investigation records);

1. (States)

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