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(영문) 광주지방법원 목포지원 2015.08.18 2015고단391
배임
Text

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

Reasons

Punishment of the crime

From around April 1988 to April 2009, the Defendant operated a DNA farm where pigs were raised in the Manan-gun C, Gyeongnam-do.

On July 6, 2006, the Defendant entered into a feed supply contract with the victim advanced company, and on July 19, 2006, a notary public, who was located in Daejeon Jung-dong, Daejeon, Daejeon, on July 19, 2006, offered approximately 1,100 maris in pigs in the above farm owned by the Defendant as collateral for transfer in order to secure the obligation to pay for the feed to be incurred in the future at the Jung-do Law Firm Office.

Under the above agreement, the Defendant had a duty to handle administrative affairs on behalf of the victim, such as keeping pigs in the farm, which was provided as security for transfer, in order to achieve the purpose of security for the victim.

The Defendant, on April 2009, sold to E approximately KRW 140 million, approximately KRW 700,000,000 of pigs remaining in the above farm at around that time, even though he had been liable for the same amount due to the Defendant’s failure to pay KRW 162,057,609 for the amount of feed supply.

As a result, the Defendant violated the above duties, thereby acquiring pecuniary benefits equivalent to KRW 140 million, and causing damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a membership agreement, written agreement, transaction ledger, authentic deed, and balance certificate;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and the reasons for sentencing of a sentence (elective of imprisonment)

1. Determination of types of crime: Type 2 (not less than KRW 100 million, but less than KRW 500,00);

2. Determination of the scope of sentence: Basic area, from one year to three years (no person specially punished):

3. The crime of this case by which the defendant disposed of approximately 700 pigs which the defendant provided as security for transfer to the victim and thereby inflicted damage on the victim. The crime of this case is significant, and the defendant escaped after the crime of this case, and is not agreed with the victim.

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