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(영문) 광주지방법원 2017.11.10 2017고단3865
배임
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed 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 a precise processing company of optical communication parts between the D University located in Gwangju Northern-gu, E Co., Ltd. in 104.

On August 9, 2012, the Defendant obtained a loan of KRW 300 million from the Victim Gwangju Bank at the main branch of the Nam-gu Seoul metropolitan bank, Nam-gu, 289, the Defendant offered as collateral the collateral value of KRW 15210,000,000,00 from the Victim Gwangju metropolitan Bank, and offered it as collateral to the victim, and thus, the transferor as collateral collateral had the duty to have the transferor secured right holder keep the collateral in order to achieve the purpose of the collateral. However, on March 4, 2016, the Defendant violated the above duty, and sold the purchase price of KRW 22,45,00,00 from the office of the said E-based E-based company at KRW 222,45,00,00 in purchase price to the K-gu, and sold the collateral value of KRW 76,760,000,000 among the collateral subject to the transfer as collateral property, such as attached Form 2.

Accordingly, the defendant acquired property benefits equivalent to 76,760,000 won in value of security, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to a credit transaction agreement, a transfer security agreement, a goods supply contract (the chip et al., 26 points), a goods supply contract (this chip note), an investigation report (attached to a transaction agreement and a quotation), a goods transaction contract, a quotation, and an investigation report (related to the confirmation of the name of the object of security different from the name of a written estimate of the chip);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from April to January 1) of the sentencing criteria shall be the scope of the recommended punishment [the scope of the recommended punishment] (the scope of the punishment shall be less than 100 million won) of the basic area (no person subject to special sentencing];

2. Determination of sentence;

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