logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.01.19 2016고단6721
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated the dispute resolution committee with which he/she engages in the business of processing the radar, etc. located in Gangseo-gu Busan Metropolitan Government as his/her main business from October 2006 to August 2015.

On July 26, 2013, the Defendant established a mortgage-mortgage of KRW 3.12 billion on the basis of the Factory Mortgage Act with respect to the Plaintiff’s branch office located in the Gangseo-gu branch office in Busan, Busan, and the building located on each of the above-ground factories, and the other machinery and equipment installed in the above factory, CO2 Radra 1, e.g., CO2 radne 1, Overe 4, and e.g., waterside facilities, and borrowed KRW 2.2 billion from the above victim bank.

Therefore, even though the defendant has a duty to keep the above collateral value in order not to damage the collateral value for the victim bank, he/she violated this duty and disposed of one CO2 ractor equivalent to the market price of 280,010,000,000 won (based on the appraised value) among the above collateral around October 2014 to the victim bank, thereby acquiring property benefits of 280,010,000 won and causing damages equivalent to the same amount to the victim bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Establishment of a documentary evidence No. 1 and application of Acts and subordinate statutes on the evaluation statement of evidence No. 2;

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

1. Article 62 (1) (1) of the Criminal Act on the suspended execution of execution (excluding punishment by a fine of three times due to a crime of reflectivity and a crime of this type) that has no record of crime, and about 13 years have passed since the last criminal punishment was imposed, agreement is reached with a limited company specialized in the 3-asset securitization by taking over the claims against the defendant from the victim bank, and circumstances leading to the crime of this case, etc.);

arrow