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(영문) 수원지방법원 안산지원 2013.09.04 2013고단1161
배임
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, from March 2, 2006 to November 2, 201, operated the “C” company for parts processing of L CD equipment, from March 2, 2006, to December 2, 201.

On October 6, 2010, the Defendant obtained loans of KRW 90,000,00 from the Industrial Bank of Korea from the Victim’s Bank of Korea, and purchased 1 set of machinery, equivalent to the amount of KRW 99,00,000 at the market price, and entered into a transfer security agreement to transfer the said machinery by means of possession revision in order to secure the said obligation. As such, the Defendant had the duty to keep the said machinery.

Nevertheless, on October 6, 2012, the Defendant violated his duty and sold the above machinery to D Co., Ltd. to D Co., Ltd., thereby acquiring pecuniary benefits equivalent to the amount of money and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Complaint;

1. A credit transaction agreement, the statement of the president of loans, and a contract for transfer for security;

1. Application of the Acts and subordinate statutes to investigation reports;

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;

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