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(영문) 수원지방법원 여주지원 2013.07.08 2013고단228
배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 23, 2010, the Defendant was the representative director of C Co., Ltd., a corporation aimed at manufacturing food products. On July 23, 2010, the Defendant provided machinery, such as the mixing of mini products, which was kept in custody in D, to the Bank of Korea as a security for transfer, and received a guarantee from the Korea Credit Guarantee Fund, and received KRW 132,00,000 from the Industrial Bank of Korea as security for facilities, and thus, the Defendant had a duty to keep the said

(B) On November 22, 2011, the Defendant failed to repay the above loans, and on November 22, 201, subrogated the loan principal and interest rate of KRW 106,270,959 to the Industrial Bank of Korea). Nevertheless, the Defendant violated the above duty and sold the entire factory facilities including the above machinery to E, who is a senior farmer at the company at the above company, around early October 201, in violation of the above duty.

As a result, the defendant acquired financial benefits equivalent to the market price of the above machine and suffered the same loss to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A contract for transfer security;

1. A contract for transfer security;

1. Written estimate;

1. Application of Acts and subordinate statutes to all the registered matters C;

1. Relevant legal provisions on criminal facts and the reasons for sentencing (the choice of imprisonment) of Article 355(2) and Article 355(1) of the Criminal Act [the scope of the punishment] [the decision of the punishment] [no special person] of the type 2 of the embezzlement crime group [no special person]: No person under special mitigation: (a) (the scope of the recommendation] imprisonment with prison labor for one year or more, or for three years (basic area] to three years (general person] to a general person: A general mitigation who has no general person under general: Whether he/she is not an occupational embezzlement: In cases where he/she is not an occupational embezzlement or breach of trust [whether he/she is subject to the suspension of execution] The main reasons for general reference: positive (no criminal record or more) of the suspension of execution [the decision of the punishment] of imprisonment with prison labor for one year and the value of machinery at the time when the defendant provided the machinery

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