logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.10.18 2018고단1835
배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 3, 2014, the Defendant borrowed KRW 130,000,000 from the victim's Industrial Bank of Korea as the purchase fund for small and medium enterprise facility loan from the victim's Industrial Bank of Korea at the same location of the company bank located on the 82th day of Seocheon-si, Seocheon-gu, Seoul. On the other hand, the Defendant entered into a contract with the victim to set up a security for transfer by the amendment of possession against the ls200, which purchased the above money with the victim as the security.

The defendant was paid KRW 130,00,000 from the victim of the same day in accordance with the above contract, and purchased two of the above shooting season, and was occupied and used at the D place of business of the defendant's operation located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and thus, the defendant was responsible for using, preserving, and managing the above shooting season, which is the object of transfer security, with the duty of due care as a good manager.

Nevertheless, on October 10, 2017, the Defendant violated the above duties and sold at will one of the above scriptive machine to E, and received from the above E KRW 16,000,000 as the contract deposit for the same day, and received KRW 11,00,000,000 as the remainder payment around October 30, 2017.

Accordingly, the defendant acquired property benefits equivalent to 27,000,000 won in value of the above type of death penalty, and suffered damages equivalent to the same amount by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of a credit transaction agreement, a transfer security agreement, a photo, a photo of each transfer security, a survey document on the actual condition of each transfer security, a tax invoice, a certificate of deposit verification, a business place photograph, and a written estimate;

1. Relevant Article 355 (2) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The Defendant sold the instant shooting range at the investigative agency’s expense of KRW 20 million after consulting with the head of a bank branch office.

A false statement was made.

However, there is a possibility that the mistake is recognized later and it is against it.

- This case.

arrow