logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2013.05.08 2013고단704
배임등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the enforcement of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated another imported company under the trade name of Gangseo-gu Busan Metropolitan Government D.

1. On May 29, 2012, the Defendant in breach of trust borrowed 70 million won from the Victim (State) Mym Savings Bank (formerly in the future 2 Savings Bank) office in Busan, Jin-gu, Busan, and offered 50,120,000 won from the Victim Bank as collateral security and offered 70,000 won from the Victim Bank as collateral security, and thus, the Defendant had a duty to faithfully keep the collateral without infringing the Victim’s security interest.

Nevertheless, on November 2012, the Defendant violated his duties, sold in total 80,000,000,000,000 won in the above D office to the under-paid persons, and sold to the under-paid persons the above D office's share of KRW 15,40,00,000 in the market price of KRW 24,00.

As a result, the defendant acquired property benefits equivalent to 140 million won in total, such as the market value of the above typists and electric vehicles, and suffered damage equivalent to the amount equivalent to the market value of the above typryp and electric vehicles for the victim bank.

2. Around May 29, 2012, the Defendant, at the above victim bank office, borrowed KRW 70 million from the victim bank to the victim bank for the purpose of collateral, and embezzled the amount of KRW 30 million,00,000,000,000,000,000,000,000 from the Defendant’s said D business establishment to the victim bank for the purpose of collateral. On November 12, 2012, the Defendant received KRW 10,347,354 from the said F from the Defendant’s account in the Defendant’s name and used it to repay loans, etc. borrowed from the victim bank for the purpose of operating the company at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Certificates of assignment of claims;

1. Application of a copy of a contract for transfer security;

1. Article 355(2) of the Criminal Act of the relevant Article of the Criminal Act concerning criminal facts (the point of breach of trust).

arrow