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(영문) 서울남부지방법원 2019.06.19 2019고단1197
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

[criminal power] On November 22, 2018, the Defendant was sentenced to 4 months of imprisonment with prison labor and 2 years of suspended execution by violating the Labor Standards Act at the Suwon District Court on November 22, 2018, and the “20...... of the same month” as stated in the indictment on the 30th of the same month

The above judgment became final and conclusive.

【Criminal Facts】

The defendant is the representative director of C Co., Ltd. who manufactures the structure located in B in the eternic City.

On May 31, 2016, the Defendant entered into a transfer security agreement with the content that, in the E Office of Law Firm E located in Ansan-si, a debt of 62,221,530 won to the victim F Co., Ltd. by no later than May 15, 2017, the Defendant would make installment payments of 500,000 won each month by no later than May 15, 2017, and that, in accordance with the agreement, the Defendant would transfer one machine of “G annually 1, 1999” owned by the said Co., Ltd. to provide it as security by means of possession and alteration, and had a duty to keep the said machine, which is the transferred security, until he

Nevertheless, the Defendant, in violation of the foregoing duties, sold the said machinery to the person who was unaware of the name on April 2017, in order to obtain pecuniary benefits equivalent to KRW 9,00,000,000, and caused considerable damages to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A copy of a notarial deed;

1. Before ruling: Criminal records and undispositions, and reporting of results from confirmation shall be applied to statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act was committed on the grounds of suspended execution, and the crime was not committed by the Defendant, by arbitrarily selling the machinery provided as security to the victim, and thereby acquiring pecuniary benefits.

However, the defendant's recognition of and reflects the crime of this case, and the equality in the case of judgment at the same time with the crime recorded in the judgment of the court.

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