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(영문) 부산지방법원 2016.06.30 2016고단1871
배임
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. in Kimhae-si.

On May 30, 2013, the Defendant obtained loans of 2200 million won from the road in the injured Gyeongnam Co., Ltd., and purchased machinery such as 2 bit and 1 bits from the mutual-purpose company, etc., from the injured Gyeongnam Co., Ltd., with the purchase of machinery such as 20,000,000 won from the road in high temperature, and occupied and used them by the method of possession revision, after providing all of the machinery purchased as security to the Gyeongnam Co., Ltd., the Defendant installed in the above company of the Defendant.

Therefore, the defendant had a duty to keep and manage 2 trop, etc. as a good manager's duty of care so that the damaged person can achieve the purpose of the above transfer security.

Nevertheless, on June 2015, the Defendant, in violation of his duties, sold at KRW 97,180,000 of the purchase price to M&T Co., Ltd. located in Gangseo-gu, Busan, in order to obtain pecuniary benefits equivalent to the above purchase price, and sustained damages equivalent to the same amount as the victim, among machinery provided as security for the above transfer at the places of business of Kimhae-si, which are high temperature 2 sets, 3 sets, 1 sets, 1 sets, 1 sets, 4 sets, and 1 sets for Dmp ste in Busan, and 97,180,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an agreement on credit transactions, a transfer security agreement, a contract for the purchase of equipment, a contract for facilities of ready-mixed coaches, and a detailed statement of entrance and departure;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The grounds for sentencing prescribed in Articles 70(1) and 69(2) of the Criminal Act, which reflects the defendant's mistake, full amount of damage, the victim withdraws his complaint, the victim has no record of crime, the circumstances leading to the crime of this case, the age of the defendant, sexual behavior, environment, etc., shall be determined as per the order.

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