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(영문) 청주지방법원 2018.07.18 2017고단2614
배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 2012, the Defendant: (a) purchased a F43 ton c.m., G 36.5 ton c.m. from Chungcheongnamcheon-gun, Chungcheongnamcheon-do; (b) obtained a loan of KRW 45 million and KRW 1.7 million from the injured party capital Co., Ltd. (hereinafter “damage Co., Ltd”); and (c) registered the creation of a mortgage at each of the above loans amounting to the mortgagee’s damages company and the value of the bonds; and (d) accordingly, the Defendant had a duty to keep the collateral amount for each of the above loans for the purpose of security, such as not unfairly decreasing the collateral value until the above loans are refunded.

Nevertheless, on May 2015, the defendant transferred two above so-called the so-called so-called so-called "so-called "so-called" H to the creditor's name of the defendant to the damaged company, and it is difficult to grasp the location of the defendant.

As a result, the defendant had the above-mentioned person acquire the property benefits equivalent to the two above routers of the market price, and caused the damaged company to suffer the property loss equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of relevant Acts and subordinate statutes, such as application for loans;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: Circumstances favorable to multiple criminal records: The delivery of each of the search devices of this case for the repayment of the repair cost for the search and seizure period is deemed to have been made; the above circumstances include the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, etc., shall be determined as per the order, comprehensively taking into account;

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