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(영문) 창원지방법원 진주지원 2016.10.11 2016고단764
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around March 29, 2012, the Defendant, as the operator of C in Jinju City, was granted a loan of KRW 150,000,000 from the Bank in Jinju-si, and had a duty to secure the said mortgaged in line with the purpose of collateral by means of mortgage on the C factory site, factory building, and machinery in a factory owned by the Defendant.

However, around November 2014, the Defendant violated the above duties, and sold CNC Pocas CNcas CNcas CNcas CNcas CNcas CNcas 17,696,000 won owned by the Defendant at the above factory as above, and sold it to E after receiving KRW 24,00,000, in total, the amount of KRW 29,480,000 owned by the Defendant, for whom the mortgage was established for the victim bank at the same place around September 2015.

As a result, the Defendant acquired a total of KRW 25,00,000 property gains, and caused a total of KRW 61,504,000 on the market price of each of the above machinery to the victim bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. Application of Acts and subordinate statutes to the head of a complaint, certified copy of register, and appraisal report;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution [Consideration of various conditions attached to sentencing as recorded in the records, such as age, character and conduct, environment, family relationship, motive for committing an offense, means and consequence of an offense, circumstance after committing an offense, relationship with a victim, etc., including the fact that Gyeongnam Bank, which is the victim on September 5, 2016, was in progress with an auction procedure for real estate owned by the defendant, collects a considerable portion of the principal and interest of loan, by receiving a dividend, which is the date of distribution;

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