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(영문) 인천지방법원 2014.04.22 2013고단7727
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 27, 2012, the Defendant entered into a transfer security agreement with the victim, at the victim No. 1544-3 201 of the Dagwon Building No. 1544-3, the Defendant borrowed KRW 200 million from the victim, and entered into a transfer security agreement with the victim, which provides all the sn beam beamed machine, the Defendant’s management company located in the factory located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si with the victim as collateral for the above loan obligation.

Since the Defendant received KRW 200 million from the victim as a loan from the victim on a temporary basis to the account of the Nonghyup Bank in the name of the Defendant, there was a duty to keep the sn beamer, the sn beamline processing entity, which provided as a security for the loan obligations in accordance with the above security contract, so that its collateral value is not damaged and not dispose of it to another person

Nevertheless, on August 2012, the Defendant violated the above duties, sold all of the machinery, the sn beam beamline to E at the factory located in the above C, and around that time, delivered the machinery body to E.

Accordingly, the defendant acquired property benefits equivalent to KRW 120,000,000, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A credit transaction agreement, a transfer contract, a certified transcript of register;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355 (2) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The sentencing report and the date of trial of sentencing under Article 62-2 of the Social Service Order Criminal Act shall determine the punishment as ordered within the recommended range of sentencing guidelines.

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