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(영문) 부산지방법원 2017.01.18 2016고단6700
배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant operated “C”, an enterprise that manufactures and processes industrial machinery parts and trades them.

On January 22, 2013, the Defendant: (a) granted loans of KRW 132 million to a company general facility fund to purchase and install multiple KRW 1,00,000,000,000,000,000 to the victim bank located in 270 as Busan, the Defendant had a duty to keep the subject-matter of transfer in accordance with the collateral agreement, so that the victim company can achieve the purpose of the collateral. (b) The Defendant: (c) granted loans of KRW 132,00,000,000 for the company’s general facility fund to purchase and install a complex MILIN M/C HMK-2 (Appraisal KRW 32,00,000; and (c) provided three said machinery as collateral to the victim company; and (d) pursuant to the collateral agreement, the Defendant had a duty to keep the subject-matter of transfer in order for the creditor company to achieve the purpose of the collateral.

However, on June 2014, the Defendant violated the above duties and sold the above three machinery units to the nameless in the “C” located in the D Apartment Factory 303, Busan High-gu, Busan High-gu, for the sum of KRW 69 million to the nameless in the above machinery units, thereby obtaining pecuniary benefits equivalent to that amount and causing damage equivalent to that amount to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of a copy of a credit transaction agreement, current status of credit transactions, copy of the transfer security agreement, and a copy of the appraisal evaluation report;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act [the scope of recommending punishment] Article 62-2 of the Act [the grounds for sentencing [the scope of recommending punishment] No basic area (from April to one year and four months) [the person who is subject to special sentencing] [the sentence] [the decision of sentence] Defendant arbitrarily disposed of the machinery that was provided as security to transfer and inflicted damage on the victim, and the fact that no agreement has been reached with the victim is disadvantageous to

However, the defendant is the first offender and is depth of the crime.

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