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(영문) 광주지방법원 2015.08.27 2015고단1299
배임
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 2001 to January 201, 201, was a representative director of a limited liability company D, a manufacturer of automobile parts located in Gwangju Mine-gu, who operated the said company.

On January 23, 2013, the Defendant obtained a loan of KRW 652,00,00 from the victim's mine office in the Industrial Bank of Korea located in Gwangju Mine-gu, the Industrial Bank of Korea located in 240, from the victim's mine office, and as a security, the Defendant secured the victim's land in Gwangju Mine-gu C, which is the land for factory owned by the limited company D, three buildings above ground factories, and machinery and equipment installed in the above factories, one unit of Sememine 20, one unit of NC Lever, one unit of NC Lever, one unit of NC Lever, three-Tpeer, and one unit of Double C-Ble Doub Dok Press, and thus, the Defendant, the representative director of the limited company that established the right to collateral security, established the right to collateral security in accordance with the purpose of collateral security.

Nevertheless, on October 10, 2013, the Defendant, in violation of the above duties, arbitrarily sold the amount equivalent to KRW 60,000,000 among the objects of the right to collateral security at KRW 67,280,000, to Double C-ylechan Press 1st appraisal value of the objects of the right to collateral security to Double Double Dok Dok Do Do Do Do Do Do Do

As a result, the Defendant acquired financial benefits equivalent to the value of the above machines and instruments appraised, and inflicted financial damage equivalent to the same amount on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Application of Acts and subordinate statutes concerning details of financial transactions, credit transaction agreement, appraisal, mortgage-backed contract, and the list of machinery, tools and structures;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Type 1 (less than KRW 100 million) is the basic area from 4 months to 1 year.

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