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(영문) 수원지방법원 안산지원 2018.11.29 2018고단2831
배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in gold-type manufacturing business with the trade name of the defendant from B to C.

On February 14, 2008, the Defendant obtained a loan of KRW 350 million from the Industrial Bank of Korea for the use of small and medium enterprise facilities funds, etc. from the date of the loan to September 23, 2016, and obtained a total of KRW 2070,000,000 from the date of the loan to the date of September 23, 2016, and completed a registration of the establishment of a collateral security with the mortgagee as the victim for the nine types of machinery, such as the factory site and D (manufacturer: E) type 1 type on February 11, 2015, the Defendant was obligated to maintain the collateral value by managing the machinery with the establishment of the collateral as the due care of a good manager.

Nevertheless, on July 21, 2015, the Defendant received and arbitrarily disposed of KRW 13 million,00,000,000,000,000,000 from F (manufacturer: H) 1 and F (manufacturer: H) 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, as a result of the appraisal conducted in the above factory at around July 21, 201, and arbitrarily disposed of the assessed amount of KRW 96,230,00,00,00,00,00 in cash

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. A report on investigation (Submission of a contract for trading goods);

1. Application of Acts and subordinate statutes, such as a written contract for the establishment of a right to collateral security, a list of machinery, tools, and mining foundations under Article 6 of the Act on Mortgage, a detailed statement of appraisal of machinery, tools and

1. The punishment shall be determined by comprehensively taking into account all the circumstances indicated in the records, including the following circumstances, for the reason for sentencing of Article 355(2) and Article 355(1) of the Criminal Act, relating to the pertinent provision of the Criminal Act and the selection of punishment for the crime.

Conditions disadvantageous to confession: The amount of decrease in collateral value is not many, but is not recovered from damage;

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