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(영문) 부산지방법원 2013.10.30 2013고단4224
배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 22, 2008, the Defendant provided the victim E with machinery equivalent to 15 million won at the market price, such as the SDR SDR US 7040 1 unit and SDR 1 unit operated by the Defendant in Gangseo-gu Busan, Busan, as security for transfer.

Since the defendant provided the above machinery to the victim as a security for transfer, the duty of a good manager to keep the machinery for the victim until he/she repaid his/her obligation.

Nevertheless, on September 21, 2012, the Defendant violated his duties, and disposed of the machinery to G companies located in F in Sin Sin Sin Sinung-si in the amount of KRW 15 million.

Accordingly, the defendant acquired property benefits equivalent to 15 million won in the market price of the above machinery, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. An authentic copy of each notarial deed;

1. Application of a copy of a mechanical sales contract and a copy of passbook;

1. Relevant Article 355(2) and Article 355(1) of the Criminal Act regarding criminal facts and the choice of a sentence reflects the defendant's mistake in sentencing, and the defendant has no record of criminal punishment heavier than suspended sentence.

However, since the amount of damage is not completely recovered even though it is a large amount of damage, the sentence of sentence is inevitable.

In addition to the above circumstances, the sentencing of this case is determined in full view of various circumstances, such as the motive, means and consequence of the instant crime, the age, character and conduct, environment, criminal record, and circumstances after the crime.

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