logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2016.08.16 2016고단273
배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From July 4, 201 to May 16, 2013, the Defendant had a duty to faithfully manage and preserve the amount of KRW 2.69 billion, in total, six times from the Haak-gun, Haak-gun, and other land owned by the Defendant with the maximum amount of KRW 3.8 billion in the name of the Defendant’s funds for the installation and operation of the facilities and operation of the Defendant, while the Defendant borrowed a total of KRW 2.69 billion on six occasions from the Haak-si, Haak-gun, Haan-gun, and the machinery installed in the building and factory, as the Defendant had established a collateral security right and a factory on the seven lots of land owned by the Defendant, E, and the machinery installed in the building and factory, and thus, the Defendant had a duty to faithfully manage and preserve it so as to achieve the purpose of the victim’s security.

Nevertheless, on July 26, 2012, the Defendant violated his duties and sold 12 machinery equivalent to KRW 498,205,000 from around 200 to December 6, 2014, and sold 12 machinery equivalent to KRW 100,000 to KRW 3,000,000 from F’s office. From around that time to around 2014, the Defendant sold 12 machinery equivalent to KRW 189,50,000 to KRW 12,00 in total as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Each police statement made to H, I, and J;

1. Application of Acts and subordinate statutes to a complaint, investigative report (with respect to attaching details of the unauthorized Removal Machinery and Tax Invoice, attaching all registered certificates and a list of factory mortgage laws attached, and K statement in charge of entering into an initial contract by Gyeongnam).

1. Article 355 (2) and Article 355 (1) of the Criminal Act (Selection of Imprisonment with prison labor) concerning the relevant criminal facts and the selection of punishment;

1. The sentencing conditions under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and other factors such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by comprehensively taking into account the following circumstances:

. Unfavorable circumstances: this.

arrow