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(영문) 울산지방법원 2018.02.08 2017고단845
배임
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. On November 19, 2012, the Defendant loaned KRW 100 million from the point of view of the U.S. Busan Bank, Busan, the Defendant offered as security the “SK-V3R 2 (ST-V3R number: E, F)” and “SK-V3L 1 unit (SKT-V3L number: G)” which are the factory machinery facilities installed in the above factory, and provided as mortgage to the victim.

Until the above debt is fully repaid, the defendant had a duty to keep the factory machinery with the right to collateral security in accordance with the purpose of collateral security and not arbitrarily remove it.

In violation of the above duties, the Defendant arbitrarily sold three of the above factory machinery units to H located in the Gyeongnam Changwon around May 1, 2014, and acquired economic benefits equivalent to the above amount and sustained damages equivalent to the same amount as the victim.

2. On May 21, 2012, the Defendant loaned KRW 400 million from the victim Busan Bank, Inc., the Defendant offered ten machines, including 4 units of “NM 400,” which are factory machinery facilities installed in the above factory, as security, and set up a mortgage on the victim’s mortgage.

In violation of the above duties, Defendant 1 arbitrarily sold one of the four of the above factory machinery units of KRW 23 million to the J in Daegu North-gu, Daegu-gu, on May 21, 2016, and acquired pecuniary benefits equivalent to the above amount and sustained damage equivalent to the victim’s amount.

3. On November 19, 2012, the Defendant borrowed KRW 100 million from the victim Busan Bank, as stated in the foregoing paragraph 1 at the above factory, and provided as security the “PUMA-240B 1, which is the factory machinery facilities installed at the above factory, and provided as mortgage to the victim.”

Although the defendant has the same duties as the above paragraph 1, he/she violates it, and he/she is in the Daegu Northern-gu around May 24, 2016.

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