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Reasons
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(영문) 대구지방법원 2018.11.16 2018고단4012
배임
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A defendant shall be punished by imprisonment for not less than eight 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

On September 12, 2012, the Defendant borrowed KRW 270,000,00 from the Industrial Bank of Korea of Korea of the injured party, and offered as security the appraisal installed at the Defendant’s business establishment of KRW 274,000,000 (one unit for the AL CAS CASFRAE, one unit for the TMPPPPPRRAE, one unit for the VACUUUUUUMININGG M&D CRE, and one unit for the PLCARR).

Under the above contract, the Defendant had a duty to use, preserve and manage the said machinery with the care of a good manager so that the victim may achieve the purpose of the transfer security.

Nevertheless, in violation of the above duties, the Defendant arbitrarily sold the above machinery, which is the object of transfer security, to D, within the scope of the above business area located in Busan Metropolitan City around June 18, 2018, and acquired property gains equivalent to KRW 274,00,000, and sustained damages equivalent to the same amount as the victim suffered.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A complaint, a security contract for transfer, a credit transaction agreement, a statement of appraisal of machinery and tools, and a statement of appraisal of machinery, tools and structures;

1. Application of statutes on trading contracts;

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. Although there are a large amount of damage caused by the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, it is so decided as per Disposition by the assent of all participating Justices, taking into account the following: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant’s primary offender is the primary offender; (c) the Defendant’s profit gained from the instant crime is KRW 80 million; and (d) the Defendant’s developments leading to the instant crime, etc.

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