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(영문) 창원지방법원 2018.08.24 2018고단1578
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 a person who operates the “D” in Kimhae-si C.

On March 18, 2014, the Defendant agreed to pay approximately KRW 5,740,00 each month from the point of the 1st floor of the JW building in the Daegu Kim Sea to February 15, 2019 at around 310,00,000 from March 18, 2014, the Defendant provided the victim with an appraised amounting to KRW 210,50,000,000 at a low-tension-tension-type vocational machine (the appraised amounting to KRW 87,50,00,000 after reduction), the market price of KRW 14,720,00,00, and the amount of KRW 13,000 from March 18, 2014 to February 15, 209 (the appraised amounting to KRW 6,130,00,000, market price of the GW building).

Therefore, the Defendant, upon completion of the settlement of the above loan obligation against the victim and the cancellation of the right to collateral transfer, has fulfilled the duty of due care as a good manager to maintain and keep eight collateral values of the machinery, such as the so-called so-called “sacriffic machine” in the above-mentioned D business establishment on July 2014, the Defendant sold at KRW 110,000,000 to I located in Kimhae-hae, and sold at the above D business establishment at KRW 5,00,000, the two above air compression facilities at the above D business establishment on December 2017.

As a result, the Defendant acquired property benefits equivalent to KRW 101,549,000 in total amount of security for the two types of sexual instruments and air compression facilities and caused property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each investigation report (with respect to the period of punishment for the compressedness of the concealed machine, the period of punishment for the restoration to the original condition of the cooling machine, the date on which the security was sold to a third party and the date on which the security was restored to two machines, specified as the complainant);

1. A contract for the alteration of the right to collateral security ( March 18, 2014), and each machinery and apparatus;

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