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(영문) 전주지방법원 정읍지원 2015.09.22 2015고단287
배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant was the representative director of N Co., Ltd. P (B) in Jung-Eup.

Around May 4, 2011, the Defendant extended KRW 1.092 billion at the Eup office of Jeonsung-dong, Jeonsung-dong, Seoul Special Metropolitan City, the Defendant offered the above company’s factory site 7,900 square meters as security, and the above company’s factory site 7,900.3 square meters and above-ground factory buildings as security. On September 6, 2011, the Defendant offered 16 kinds of factory machinery, such as Myeonnal-type, washing drying, 1, and 1, a glass-style, installed in the above factory in addition to the above security, as security, as security by factory and mining foundation mortgage Act. Since the Defendant completed the registration of change on the ground of the right to collateral security on September 7, 2011, the Defendant had the duty to keep the machinery and equipment, which became the object of factory mortgage until the debt is repaid, in accordance with the purpose of security.

Nevertheless, around October 201, the Defendant violated his duties and subsequently disposed of at will to a person whose name is not known due to the enhancement of glass equivalent to KRW 14,65 million at the market price, which is the object of factory mortgage at the above factory, and thereby obtaining economic benefits equivalent to the same amount and causing property damage equivalent to the same amount as the victim sustained.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to Q Q;

1. A complaint, letter of credit transaction, detailed statement of appraisal of machinery, apparatus and structures, written contract for transfer by means of transfer, and detailed statement of appraisal of machinery, apparatus and structures;

1. Application of Acts and subordinate statutes governing R's confirmations;

1. The reason for sentencing under Article 355(2) and Article 355(1) of the Criminal Act regarding criminal facts and Article 355(2) of the choice of punishment is against the defendant when committing the instant crime. The instant crime was committed in a situation where the defendant's financial situation makes it difficult to operate the company, and the defendant has no same criminal record and no specific criminal record other than two criminal records are favorable to the defendant.

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