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(영문) 수원지방법원 2016.11.18 2016고단4784
배임
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative director of the C Co., Ltd. located in the Dong-si population B, was granted a loan of KRW 341,00,000 from the Industrial Bank of Korea on May 24, 2006 at the rate of 3% per annum, and on March 25, 2016 at maturity, the Defendant provided the said four machinery, which is the object of transfer security, to secure the obligation for the principal and interest of the loan. In order to secure the above principal and interest of the loan, the Defendant provided the said four machinery, which is the object of transfer security (180 tons), one private type type type type type type type type type type type type type type type type type type type type type type type type type type type type type type type type type type type type type (450 tons), one type type type type type type type type type type type type type type type (550 tons), and four type type type type type of machinery

Nevertheless, the Defendant, around August 21, 2014, purchased 4 new scriptive period from Bouu Korea Co., Ltd. in violation of the above duties, and transferred the above scriptive period (450 tons), one scriptive period (50 tons), one scriptive period (550 tons), and one scriptive period (550 tons) to Bouuu Korea Co., Ltd., thereby incurring damages equivalent to 20,190,000 won, which are secured by each of the above machinery, to the victim, and acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the Acts and subordinate statutes stated in a credit transaction agreement, a written confirmation of investment in industrial accident prevention facilities, a ledger of loans, and a transfer security contract;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The range of recommendations on the sentencing criteria [the range of recommendations] / [the category 1 (less than KRW 100,00) and the mitigated area of crimes in breach of trust / [the scope of recommendations] / the mitigated area of punishment [the person subject to special mitigation] / one month to ten months;

2. The defendant who has been sentenced to punishment for the same kind of crime, or has no record of punishment heavier than the suspension of execution, and confessions the crime; and

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