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(영문) 인천지방법원 2012.11.14 2012고단8951
배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was a person who operated C Co., Ltd. at the time of the game globalization.

At around August 4, 2009, the Defendant purchased a factory machine and a factory machine called Auto M/C (one hundred and eight hundred and eighty million won, which is a sum of the market prices required at the above business establishment, and provided the above machinery to the victim as a collateral for transfer, the Defendant had a duty to manage the above machinery in line with the purpose of collateral and maintain its value as a collateral until the repayment of the above loan was made.

Nevertheless, on June 201, the defendant violated his duties, and exchanged the above two machinery with D machinery without the consent of the victim, who is a mortgagee, at the place of business of the above C, and without the consent of the victim.

Accordingly, the defendant acquired property benefits equivalent to 110 million won and suffered property damage equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in relation to E, F and G;

1. Application of Acts and subordinate statutes to which a credit transaction agreement, a contract for transfer for security, a statement of appraisal of machinery, apparatus and structures, a report on the results of survey of transferred collateral, a company credit, electronic guarantee, a written confirmation of completion, a written confirmation of completion, an angle, a business registration number inquiry, and a photograph are attached;

1. Although the pertinent Article of the Criminal Act and Article 355(2) of the Criminal Act regarding criminal facts do not properly recover from damage, the Defendant may not be subject to punishment corresponding thereto.

However, the fact that the defendant is recognized to commit the crime, there is no other penalty force except that which has been punished once by a fine, the fact that some of the amount of money (19 million won) has been paid to the Korea Technology Credit Guarantee Fund by subrogation, the age, character and conduct, family relationship, and criminal records of the defendant.

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