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(영문) 전주지방법원 정읍지원 2019.01.31 2018고단467
배임
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On December 21, 2015, the Defendant purchased one Tracter (YT5101) from the C agency located in the Dabuan-gun B of the former North Korea (YT5101) in the amount of KRW 84 million, and borrowed 50 million out of the purchase price from MadD (Death on July 13, 2017) around the 28th of the same month, and offered the Tracter as security for transfer to the network D.

Therefore, the Defendant had a duty to maintain and preserve the security value of one Tractor by fulfilling the duty of due care as a good manager so that the mortgagee can achieve the purpose of the security by completing the settlement of the net D's debt, and until the security right is cancelled.

Nevertheless, around December 30, 2017, the Defendant sold the Track to the above C Agency in consideration of the fact that the Defendant did not pay the Track's total amount of KRW 34 million, not paid at the time of the purchase of the Track in violation of his duties and KRW 20 million,000,000,000,000,000 for other agricultural machinery repair costs.

As a result, the defendant acquired property benefits equivalent to KRW 50 million secured by the above Twitter, and caused property damage equivalent to the above amount to the victim E, F, and G, the heir of the above network D.

The crime of breach of trust is established because the act, such as the instant facts charged, substantially loses the security value.

(See Supreme Court Decision 2010Do11665 Decided September 13, 2012). Summary of evidence

1. Defendant's legal statement;

1. Each police statement made to H and victim E;

1. Complaint;

1. Family relation certificate:

1. Detailed statement of each transaction;

1. Debt Certification Board;

1. Application of the Acts and subordinate statutes to the Jeonju District Court Decision;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not much damaged, and the victim's bereaved family members file a lawsuit against the defendant seeking the delivery of the track recorded in the facts charged.

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