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(영문) 수원지방법원 2014.07.14 2013고단5683
배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 04, 2011, the Defendant received a loan of KRW 250 million from one bank in Suwon-si, one bank in Suwon-si, and agreed to use the above goods as collateral for transfer to the victim, and the Defendant agreed to use the golf 250,000,000 won in the E business place located in Suwon-si, Suwon-si, which is operated by the Defendant.

In this case, the defendant had a duty to keep the above machinery provided as a transfer security as a good manager for the victim until he/she fully performs the above obligation in accordance with the agreement.

Nevertheless, on March 14, 2012, the Defendant, in violation of the above duties, sold five of the above machinery to F for the high-end commercial use of golf machines with KRW 154 million, and sold it to F for the high-end commercial use of the said machinery, and took profits to that extent, and suffered property damage to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A copy of a contract for transfer security;

1. Application of tax invoice Acts and subordinate statutes;

1. The grounds for sentencing [the scope of recommending punishment] of Article 355(2) and Article 355(1) of the Criminal Act regarding criminal facts and Article 355(2) and Article 355(1) of the choice of punishment [the scope of sentencing] [10 million won or more (1-50 million won)] and Article 2 of the Criminal Act (1-3 years)] of the basic area (1-3 years): The scope of comparison of sentencing with recommended punishment: one year or three years [the decision of sentencing] of the defendant has already repaid approximately KRW 40 million, taking into account the fact that the defendant has already repaid the amount of money equivalent to KRW 40 million, etc

It is so decided as per Disposition for the above reasons.

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