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(영문) 대전지방법원 천안지원 2013.09.25 2013고합144
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who operated (E) with D.

Around August 18, 2005, the Defendant received a loan of US$ 3,400,00 from the Export-Import Bank of Korea in the name of the said company, and around September 19, 201 and March 19, 2012, extended the repayment period of the said loan on or around September 19, 201 and around March 19, 2012, the Defendant provided the Defendant with the property equivalent to KRW 4,07,107,876 in total of the inventory assets of the said company, and KRW 1,159,096,108 in total of the investment shares of the Chinese Cheongdo subsidiaries, and KRW 4,07,49,70 in the name of the said company as collateral transfer to the victim.

Therefore, the defendant has a duty to manage the assets of the above company provided as collateral for transfer for the victim, and to ensure that loans can be recovered through the above collateral when the above company fails to repay debts.

Nevertheless, in violation of the above duties, the Defendant brought a public prosecution against the “Conet of Co., Ltd.,” which is aware of the fact that the research equipment and the investment shares of the Chinese Cheongdo local subsidiary, among the above property offered as collateral for transfer on April 13, 2012, were sold all of the above collateral for transfer to Conet in KRW 1.7 billion, thereby gaining property gains of KRW 1.7 billion and causing damage equivalent to the victim's amount of the same amount. However, as mentioned later, the Defendant was charged for the following: (a) the transfer for transfer sold to Conet was a research equipment excluding inventory assets; (b) the investment shares of the Chinese Cheongdo local subsidiary were 2.57,107,876 won; and (c) the investment shares of the Chinese Cheongdo local subsidiary were 1.2 billion won at the time of disposal; and (d) the investment shares of the above 1.2 billion won at the time of disposal; and (e) the amount of profit was the total amount of profit due to breach of trust.

The sale was made at will.

Accordingly, the defendant violates his duties and is equivalent to KRW 1.4 billion.

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