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(영문) 창원지방법원 2017.01.19 2016고단3480
배임
Text

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

The Defendant is a person who operates a processing company in gold with the trade name of “C” in Kimhae-si B.

On August 21, 2014, the Defendant provided two units of NC Line (PUMA280) (D and E) as collateral in order to secure the repayment of the obligation by obtaining a loan of KRW 150 million on the condition of KRW 20,000,000,000 per annum 3.45% per annum, monthly payment, and monthly payment of KRW 2957,000,000, at the point located in the Masan-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City. Accordingly, the Defendant was obligated to keep the said machinery with due care as a good manager until the said obligation is repaid.

Nevertheless, on April 14, 2016, the Defendant violated his/her duties, sold two above machinery, the security of which was established by the “C” office, to F, and acquired the benefit equivalent to KRW 105,60,000, and suffered a loss equivalent to the same amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A credit transaction agreement, a transfer security contract, an inquiry of the president of a credit bank, or a contract (Evidence No. 11);

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

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da14488, Apr. 2, 2007);

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