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(영문) 창원지방법원 마산지원 2016.05.18 2016고단136
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 31, 2009, the Defendant submitted a list of objects of mortgage (No. 59) stipulated in Article 6 of the Act on Mortgage on Factories and Mining Foundation (No. 59) with respect to factory machinery, when setting up a right to collateral security of KRW 3140,000,000 for the victim of the right to collateral security and the maximum amount of the claim amount of KRW 314,000,000,000 for the land of the factory in Changwon-si, Changnam Co., Ltd., Ltd. with respect to the

On May 14, 2012, the Defendant: (a) set up a right to collateral security with regard to the aforementioned factory site, etc. in relation to the additional credit transaction between the victim and the victim; (b) submitted a list of objects of mortgage (No. 2012-168) stipulated in Article 6 of the Act on Mortgage on Factories and Mining Foundations with respect to factory machinery; (c) around May 30, 2012, submitted a list of objects of mortgage (No. 59, No. 2012-168, No. 20560,00 as to each of the above lists (No. 59, No. 2012-168), respectively.

As above, the Defendant created a mortgage on one unit of Plano Mtiller (HKMC-22). As such, the Defendant had a duty to keep the said machinery in compliance with the purpose of the security and make it possible for the Defendant to exercise the mortgage on the victim.

However, on February 23, 2013, the Defendant arbitrarily disposed of one of the above Plano Miler (Moel: HKM-22) at the factory of E Co., Ltd. operated by the Defendant in Changwon-si, Changwon-si, Mail-si, and KRW 35 million to G operators of F.

As a result, the defendant acquired financial benefits equivalent to the price of the above machinery, and suffered financial loss equivalent to the appraised price of the above machinery from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement records with H prepared by the police;

1. A list of details of lost machinery and instruments, machinery photographs, each credit transaction agreement, agreement of creation of a collateral security, additional agreement of creation of a collateral security, a copy of land register, a certified copy of a building registry, a certified copy of a building registry, and a list of the lists of factory foundation mortgages;

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