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(영문) 인천지방법원 2014.11.20 2014고단3122
배임
Text

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

Reasons

Punishment of the crime

[criminal power] On May 2, 2014, the Defendant was sentenced to four months of imprisonment for breach of trust and two years of suspended execution by the Incheon District Court on May 22, 2014, and the judgment became final and conclusive around May 30, 2014.

【Criminal Facts】

On November 11, 2008, the Defendant purchased 250,000,000 won of restructuring funds from the Victim Small and Medium Business Corporation (hereinafter “victim Corporation”) as the operator of D Co., Ltd., and occupied and used the said machines to the Corporation as a security for transfer, as well as the Defendant’s establishment of the company.

Therefore, the defendant had a duty to keep and manage the above machinery as a good manager's duty of care so that the victim corporation can achieve the purpose of the above transfer security.

Nevertheless, on June 5, 2013, the Defendant, in violation of his duties, sold the said machinery to E in excess of KRW 121,00,000, thereby obtaining significant pecuniary benefits in the same amount and causing considerable pecuniary damage to the damaged Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint;

1. A written agreement on transfer for security, and a sales contract for used machinery;

1. Previous convictions: Application of Acts and subordinate statutes of the judgment related to cases;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act are shown to be against the defendant's recognition of the crime, the amount acquired from the crime appears to be used for the payment of wages to the employees of the company, etc., and there are favorable circumstances such as the defendant's final judgment and a fine not to have any record of the crime, except for a final judgment and a fine not exceeding

However, it is highly likely that the crime of this case, such as the final judgment, has been committed at intervals of one year, and the Korea Technology Finance Corporation has concluded with the defendant.

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