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(영문) 대구지방법원 2013.09.27 2013고단3211
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 16, 2008, the Defendant borrowed KRW 100,000,00,000 from the 4 U.S. D. branch offices of Korea Bank Co., Ltd. to pay interest at the rate of 2.83% per CD-dong.

The Defendant offered corporeal movables equivalent to KRW 267 million at the market price, such as six colonies, one air compressed system, and one aircom circuit, his own possession, as security for the said money.

Therefore, the defendant had a duty to keep and manage the above corporeal movables in line with the purpose of the security.

On March 1, 2011, the Defendant, in violation of the foregoing duty, sold the 70 million won per year to an irregular exporter at the end of the end of the year, and disposed C of the 4th unit per year, the 4th unit, the 1 unit of air compresseds, and the 200 million won per year under the pretext of payment in accordance with the said business settlement.

As a result, the defendant acquired financial benefits equivalent to the above amount, and caused property damage equivalent to the above amount to the victim bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (C phone statement of a witness);

1. A credit transaction agreement, a transfer contract for security, and a detailed statement of appraisal of machinery, tools and structures;

1. Application of the statutes governing a sales contract;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant acknowledges and reflects the mistake, the primary fact, the details of repayment prior to the delinquency, the principal and interest in arreared

1. Social service order under Article 62-2 of the Criminal Act;

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