(영문) 창원지방법원 2015.10.01 2015노1500 | 리걸엔진

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(영문) 창원지방법원 2015.10.01 2015노1500

배임

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant purchased the machinery parts with KRW 15 million prepared by the Defendant for sale of 15 million, which is the production of carbon rubber chips offered as security to the victim, and installed the above machinery parts additionally on the machinery, such as EVA Ltd., which was offered as security by the victim, and as a result, a rise in the value of security of the machinery, such as the above EVA Ltd., thereby causing no damage to the victim. Thus, the Defendant’s act of selling two parts, which are the production of the above carbon rubber chips, does not constitute a breach of trust, but on the contrary, the Defendant’s act of selling approximately KRW 10 million, a total of KRW 2,000,000,000,000,000,000,000,000,000,000 won, and the lower court erred by misapprehending the facts or by misapprehending the legal principles on the crime of breach of trust.

B. The Defendant asserts that the sentence imposed by the lower court (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The Defendant in the facts charged in the instant case is a person operating rubber products manufacturers with the trade name of Co. D in Kimhae-si Co., Ltd.

From March 8, 2007 to June 16, 2014, the Defendant received a total of KRW 2,000,000,000 from the Defendant, Gyeongnam Bank Co., Ltd. as collateral, and established a mortgage on the land, buildings, and factory machinery owned by the said company as well as the right to collateral, and thus, despite the duty to preserve the subject matter until the repayment of the obligation until the time of the said obligation, the Defendant breached such duty. Accordingly, the Defendant violated his duty, even though there was a duty to preserve the subject matter by the time of the repayment of obligation, and sexual rubber chips equivalent to the sum of KRW 50,637,00,00 among the 35 points of the machinery

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