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(영문) 울산지방법원 2013.09.06 2012고단1860
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

The Defendant is a person who, from March 200, operates a “D” which manufactures automobile sets from around March 200.

On July 12, 2006, the Defendant offered three PC-200D model presses owned by the Defendant as a security by taking out a loan of KRW 240 million from the Busan Bank Co., Ltd., the Defendant offered PC-200 million as a security for transfer, and around September 22, 2006, borrowed KRW 50 million from the same bank, and offered KS-200B model presses as a security for transfer, and around December 23, 2008, the Defendant set up a mortgage on PC-250D model presses as a comprehensive collateral mortgage on the total amount of loans of KRW 1.2 billion to the above bank.

Until the defendant pays a loan to the victim bank, the defendant has a duty to preserve the collateral value with the care of a good manager for each press of the above frame which is the object of the collateral security and comprehensive collateral security.

1. Around June 30, 2007, the Defendant sold a model frame of KS-200B at a “D” factory located in the Busan Seo-gu, Busan, as a sales price in an irregular manner to the person who has lost his name.

As a result, the Defendant violated the above duties, thereby acquiring pecuniary benefits equivalent to KRW 55 million and causing financial damage equivalent to the same amount to the victim.

2. On June 7, 2008, the Defendant sold PCS-200D model presses to G in a “D” plant located in Ulsan-si, Ulsan-si, Ulsan-si, for KRW 44 million.

As a result, the defendant in violation of the above duties acquired property benefits equivalent to KRW 44 million, and caused property damage equivalent to the same amount to the victim.

3. Around September 11, 2008, the Defendant sold PCS-200D model presses to G for purchase amounting to KRW 49.5 million.

As a result, the defendant in violation of the above duties acquired property benefits equivalent to KRW 49.5 million, and caused property damage equivalent to the same amount to the victim.

4. On December 31, 2009, the Defendant’s model presses KS-150B at the Ulsan Factory at the above “D.”

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