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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the representative director of Ansan-si Co., Ltd. D (hereinafter “D”).
D around October 31, 2012, at the center of half-month branch of the Industrial Bank of Korea located in Ansan-si, Seoul Special Metropolitan City, 773-2, the Korean Industrial Bank of Korea established on April 30, 2013 at the time limit for repayment of KRW 120,000,000 from the injured party Industrial Bank of Korea, and the injured party offered the injured party as collateral security a stipo-type (hereinafter referred to as “the instant machinery”) of approximately KRW 69,20,000,000,000,000 won, which was established at the leased factory.
The Defendant had a duty to keep the victim in order to achieve the purpose of the security in the event that the Defendant fails to repay the principal and interest of the loan in accordance with the agreement while managing the instant machinery offered through the transfer security with due care as a good manager.
Nevertheless, around February 2013, the Defendant violated D’s duties, and caused E, etc. to dispose of the instant machinery to the injured party in his/her name in order to resolve overdue wages for E, F, G, and H (hereinafter “E”), thereby causing property damage equivalent to KRW 69.20,000,000 to the injured party, and had the injured party in his/her name gain pecuniary advantage equivalent to the same amount.
2. Determination
A. Among the facts charged above, witness E bears the witness E’s testimony as direct evidence that the Defendant permitted E, etc. to dispose of the instant machinery.
(I’s statements in this Court and police are about E, etc., and thus, they are not directly evidence). The contents of E’s statement stated to the effect that, in real cases where a worker E, etc. was employed in D and the Defendant was sold machinery in a factory to E, etc. on February 26, 2013 while the labor inspectorJ is involved, the Defendant would sell machinery in a factory to E, etc. and appropriate it for the repayment of overdue wages.