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(영문) 창원지방법원 2018.06.15 2018고단848
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has operated a manufacturing business under the trade name of "C" in Seongbuk-gu, Changwon-si.

On August 13, 2012, the Defendant: (a) obtained a loan of KRW 137 million from a company’s mid- to long-term general fund of the company’s facilities at the office of the branch office in the Haak-dong, Kim Jong-nam, Inc., a 17th-hon-si, Changwon-si, the Defendant offered 19 billion won at the time of the ownership of the Defendant, as security for the said loan; and (b) offered 1.9 billion won at the time of the ownership of the Defendant, as security for the said loan.

Therefore, the Defendant violated his duty to keep the above machinery by fulfilling his duty as a good manager for the victim. On September 2016, 2016, the Defendant sold the above secured object water to the sale and purchase company of the used machinery of the used machinery of the used machinery of the used machinery of the light, thereby obtaining property gains equivalent to 43 million won, and suffered loss to the victim company equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of transfer security agreements, credit transaction agreements, credit guarantee agreements, and additional agreements and subordinate statutes;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the recommended sentence] Type 1 (a) (a) basic area (not more than KRW 100 million) (i.e., imprisonment or 10 months) / [determination of sentence] Defendant’s disposal of the instant machinery that is subject to transfer security, thereby undermining the degree of violation of his/her duties.

The value of the machinery disposed of by the defendant has reached KRW 43 million, and the security for the defendant's obligation of KRW 140 million was lost due to the crime of this case.

However, the Defendant, recognizing the instant crime, is against the Defendant.

The defendant has paid interest on loans in good faith, and the Korea Technology Finance Corporation and the victim have entered into an agreement to pay new loans in good faith.

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