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(영문) 인천지방법원 2018.04.25 2017고단8095
배임
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A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

The Defendant is a person who operates a building B in Incheon Jung-gu and a "CPC" room in 201.

On January 6, 2016, the Defendant borrowed KRW 200 million from the Victim C&C C&P Co., Ltd. and, in order to secure the said loan obligation, the Defendant set up a collateral for transfer to the said C&C, 106 units of the computer, monitoring 106 units, monitoring 106 units, air conditioners 1 sets, 4 sets, 106 units of air conditioners, and chairs 106 units.

Although the Defendant had the duty to keep the transferred collateral so that the victim may achieve the purpose of the collateral pursuant to the agreement, the Defendant violated the above duty and sold the body of the aforementioned computer, which is the transferred collateral, to KRW 50 million on June 12, 2017.

Accordingly, the defendant acquired the above 50 million won property interest and suffered the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of a contract for the creation of security for transfer and the statutes on security for transfer;

1. Grounds for sentencing under Article 355 of the Criminal Act and Articles 355 (2) and 355 (1) of the Criminal Act (Options of imprisonment with prison labor) of the same Act concerning the relevant criminal facts;

1. The basic area (from four months to one year and four months) of the sentencing criteria [the scope of the recommended punishment] Category 1 (the amount of less than 100 million won)

2. As security for the first loan of KRW 200,000,000 for each real estate owned by the Defendant and the partner E was set up with a total of KRW 60,000,000 for each real estate owned by the Defendant and the partner E.

Although the Defendant repaid the amount equivalent to KRW 23.5 million immediately after the instant case, it is difficult to view the amount of KRW 23.5 million as the recovery of damage caused by the instant crime, since the loan contract was terminated on May 31, 2017 and the total amount of debts at the time was equivalent to KRW 14.818,00,000 at the time of the termination of the loan contract.

Considering that the damage has not been recovered even though it is considerable, the sentence against the defendant is inevitable.

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