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(영문) 대구지방법원 서부지원 2016.10.28 2016고단1134
배임
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who runs a machine accessories processing business with the trade name of "C".

On September 4, 2013, the Defendant borrowed KRW 200,000 from the victim's sexual branch of the victim's bank located in Seogdong-gu, Daegu-dong 1244, and occupied and used 20,000,000,000 in the market price of 65,5,500,000,000 at the factory of the victim's bank D located in Daegu-gu, Daegu-gu, the Defendant offered 2 of the ground learning center machinery model (name LYN20G-S) of the market price of KRW 36,00,000,000 as security for transfer to the victim.

Therefore, the Defendant had a duty to keep and manage the said goods as a good manager’s duty of care so that the victim may achieve the purpose of the above transfer security.

Nevertheless, on November 2014, the Defendant, in violation of his duties, arbitrarily disposed of two above mining center machinery (the model name PMA240B) which was kept in the above C factory that moved to Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, and then disposed of two above mining center machinery (the model name LYN20G-S) which was kept in the above C factory that moved to North Korea-si, North Korea-si, at a price equivalent to about 45 million won per unit. On January 2015, the Defendant arbitrarily disposed of two above mining center machinery (the model name LYN20G-S) which was kept in the above C factory that moved to North Korea-si, North Korea-si, North Korea-si.

Accordingly, the defendant acquired approximately KRW 200 million interest, and the victim suffered damages equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that a complaint has been revoked by mutual consent with the victim only, the fact that no criminal record exists, except

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