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(영문) 인천지방법원 부천지원 2016.02.19 2015고단3458
배임
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant operated D Company in Kimpo-si, Kimpo-si.

[2015 Highest 3458] The Defendant’s indictment at the above location on September 6, 2010, stated “F” as the victim in the indictment for the victim’s limited liability company (hereinafter “F”) but on the evidence record, the victim is clearly and clearly stated “F” as the victim, and even if the indictment is corrected, it shall be corrected and stated as no less favorable to the Defendant.

In order to pay 30 million won of the supplied goods up to September 30, 2010, a so-called so-called So-called Ban (Mo HD-3030), and a so-called 1 unit (E) fork 1 unit (E) in the same place as security was concluded.

In the event that the defendant uses the above goods with due care as a good manager and fails to perform his obligation, the duty to deliver the above goods to the victim has occurred.

In violation of the above duties, the Defendant disposed of the instant bareboat crowdfunding at H companies located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon in May 201, in order to compensate for damages to the victim. On the same date, the Defendant transferred the bareboat crowdfunding to non-party I for debt repayment.

[2015 Highest 3570] On June 25, 2009, the Defendant provided CNC-640S plug machines with a loan of KRW 70,000,00 from the National Bank of Korea to the National Bank of Korea as other financial funds by the method of occupancy revision until repayment of the above funds. As such, the Defendant, despite the fact that there was a duty to preserve the collateral value for the victims and to perform the duty of due care as a good manager, was in violation of that duty, thereby acquiring pecuniary gains by selling the above machines during the modern industrial period around June 2012, the Defendant sustained approximately KRW 70,000 to the victims.

Summary of Evidence

[2015 Highest 3458]

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (I's telephone statement), investigation report (I's investigation of so-called buyer of crowdfunding), and investigation report (Presentation of report on transaction status) 1.

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