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(영문) 울산지방법원 2013.04.04 2012고단3717
배임
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who has been in overall control over the affairs of a corporation while actually operating the corporation D in Ulsan-gun C.

Around June 18, 2008, the Defendant entered into a mortgage agreement with the National Agricultural Cooperative Federation and the Ulsan-gun Co., Ltd., Ltd., and with respect to factories and machinery equipment on four lots, the maximum debt amount of which is KRW 3,000,000,000, debtor D, and the National Agricultural Cooperative Federation of Korea, at the UN No. 265-21, Masan-si Masan-si Masan-si Masan-si Masan-si Masan-si Masan-si Masan-si Masan-si Masan-dong, and entered into a mortgage agreement with the obligor D, and completed a mortgage registration under the name of the creditor's National Agricultural Cooperative on the above contents on the registration of the Ulsan District Court in

On January 201, 201, under the Asset-Backed Securitization Act, the said collateral security was transferred to the victim pursuant to a contract for the transfer and acquisition of claims between the NAF and the NAF 20th EF&A company specialized in the securitization of the victim, and the Defendant was notified by the employees of the victim of this fact, and the Defendant had the duty to keep the object of the collateral security for the victim.

Nevertheless, on January 15, 2012, the Defendant sold 30,000,000 won to E one of the following: (a) one of the collateral security objects; (b) one of the two; (c) one of the two; (d) three of the joint collateral security objects; (d) three of the two; (e) one boiler; (e) one of the boiler; (e) one of the two of the thermal facilities; and (e) one of the cooling equipment, among the thermal facilities; and (e) one of the two.

The Ulsan District Court, which caused auction due to an act contrary to the above duties of the defendant, decided to reduce the price of KRW 370,923,301, which is the appraised price of the object of the right to collateral security sold by the defendant to E, as above, around March 5, 2012 at KRW 2,837,47,477,00 of the successful bid price of KRW 370,923,30,923,553,69, which is the appraised price of the object of the right to collateral security sold by the defendant to E, and the victim determined to purchase the amount of KRW 3,530,448,858 of the claim amount

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