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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1174
배임
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2015, the Defendant was sentenced to one year and six months of imprisonment and three years of suspended execution due to fraud, etc. in the Daegu District Court Kimcheon support, and appeal is pending in the appellate court at the Daegu District Court.

The defendant is a person who has worked as the representative director of D Co., Ltd. in the old city C.

On August 4, 2011, the Defendant entered into a mortgage agreement with the victim to provide 26 machinery and apparatus within the aforementioned D factory to the victim as collateral object water in order to obtain a loan from the victim Daegu Bank within the above D office, and the Defendant had a duty to keep the above collateral object in line with the purpose of collateral until he/she pays the money that he/she received from the victim.

Nevertheless, around June 2013, the Defendant, in violation of his duties, sold to E one column of CNC Section 1 of the amount equivalent to KRW 72,250,000, the market price of which is equivalent to KRW 43,000,000, in total amount of KRW 72,250,000, and the market price of KRW 43,000,000.

As a result, the defendant was in violation of his duty and acquired pecuniary benefits.

Summary of Evidence

1. The defendant's third oral statement;

1. Part of the F’s telephone statement in the first police interrogation protocol, part of the three-time police interrogation protocol against the Defendant during the three-time police interrogation protocol, G, E’s telephone statement, investigation report (in relation to telephone conversations between F president and Daegu Bank HH), investigation report (in relation to telephone conversations between the Defendant and the Defendant’s head office of the Daegu Bank);

1. Application of Acts and subordinate statutes to a criminal investigation report (including accompanying materials; hereinafter the same shall apply), a criminal investigation report (related to the submission of a contract for a trade of a suspect), a criminal investigation report (related to the submission of evidentiary materials), accompanying materials of a complaint, and a criminal investigation report (attached materials to a complainant);

1. Article 355 of the Criminal Act applicable to the crime and the choice of punishment.

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