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(영문) 울산지방법원 2014.08.21 2014고정728
배임
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 25, 2012, the Defendant entered into an agreement on the same fishing vessel with the victim C on the ratio of 50%, respectively, and received a total of KRW 250 million from the victim, and purchased D (fishing vessel E) on August 2, 2012, and registered in the name of F, the Defendant’s ASEAN.

The defendant had a duty to use and keep the above D in accordance with the purpose of the business agreement.

Nevertheless, on November 9, 2012, the Defendant, in violation of his duties, obtained a loan of KRW 150 million from the said association from Ulsan Fisheries Cooperatives, Ulsan-dong 1238-3, Ulsan-gu, Ulsan-gu, Seoul-do, and obtained a mortgage of KRW 150 million from the said association, and acquired pecuniary benefits equivalent to the secured debt amount and sustained damages equivalent to the secured debt amount to the victim by creating a mortgage of KRW 195 million against the said D.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each police statement of C;

1. A protocol of suspect examination of G police officers;

1. A complaint;

1. Application of Acts and subordinate statutes to copies of deposit passbooks;

1. Article 355 (2) and (1) of the Criminal Act and Article 355 (1) of the same Act concerning the relevant criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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