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(영문) 인천지방법원 부천지원 2016.07.07 2016고단1098
배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was a person operating D, an individual company in Seo-gu, Incheon. On October 30, 2013, the Defendant purchased at KRW 163,600,000,000,000 from the central branch office of the Industrial Bank of Korea of the injured Party located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, with loans of KRW 163,60,000 from the small and medium enterprise facility funds, and purchased at KRW 16,36,00,00,000,000 from the CNC Line Co., Ltd. (Defendant E200A, E200C, L210A, each single unit), provided that the above line was transferred to the victim as security, and thereafter the Defendant established and used the above line machinery by means of the occupancy revision.

In such cases, the defendant has the duty to keep and manage the aforementioned reflective machinery provided as security to the victim until he/she repaid the above loan pursuant to the above transfer security agreement as a good manager.

Nevertheless, on March 18, 2015, the Defendant, in violation of the above duty, sold and delivered two of the two of the two different parts of the two different parts of the two different parts of the two different parts of the two different parts of the two different parts of the two different parts of the two different parts of the two different parts of the two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two different parts of the two two two different parts

The Defendant disposed of the said machinery in violation of his duties as above, thereby acquiring pecuniary benefits equivalent to KRW 93.9 million, which is the sum of the sales proceeds of the said machinery, and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A complaint;

1. Application of Acts and subordinate statutes on credit transaction agreements, transfer security contracts, and details of financial account transactions;

1. Relevant laws and Articles 355(2) and 355(1) of the Criminal Act regarding criminal facts and the choice of punishment, the conditions for sentencing with imprisonment do not seem to have been planned from the time when the crime was committed in favor of the defendant (a confession, reflectiveness, initial crime, or from the time when the person was given a loan from the injured party), and for several months after each of the crimes in this case.

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