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(영문) 수원지방법원 평택지원 2018.03.16 2016고단382
배임등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2016 Highest 382] Defendant is a person who engages in a gold-type manufacturing business of electronic equipment under the trade name of “C”.

On August 22, 2012, the Defendant received loans from the Industrial Bank of Korea located in the Industrial Bank of Korea in the special zone for Pyeongtaek-si tourism of KRW 50 million from the Industrial Bank of Korea at around 23, 2012, and was in possession of the said C-WC-30HA) one unit, one unit, one unit, one unit, one unit, one unit, one unit, etc., of electric power plant ( Model Name DWC-200HA), and three units of machinery of KRW 77,075,00,000 for the victim’s credit ceiling amount to KRW 60,000,000 in the future, until the said loans are repaid. Thus, the Defendant had a duty to preserve the said machinery for the purpose of collateral security.

Nevertheless, on September 2015, the Defendant sold each of the above machinery to the needy person at his own discretion in the above factory at KRW 30 million.

Accordingly, the Defendant acquired property benefits equivalent to KRW 30 million in the above mechanical purchase price, and suffered damages equivalent to the same amount as the victim.

[2016 Highest 876] The defendant is a person who operates a gold-type manufacturing enterprise called "D".

1. The Defendant entered into a lease agreement on gold machines with the victim filial capital stock company, and up to March 12, 2014, the Defendant entered into a loan agreement on the gold machines, and up to 2 knife 2 knife-60 F - the market price of the model name EZ-60 F - the market price of 48 million won, DWC110H - the market price of 15 million won) in the same year.

4. 1. Around October 1, 200, around the above plant, the machinery was kept for the victim by delivery of a 1 set of string machine (the model name DWC-400H - the market price of 80 million won) in the above plant, and until the lease fee is paid in full.

On April 2015, the Defendant: (a) sold a total of 4 sets of 13 billion won in storage at the above-mentioned factory on April 2015, the Defendant arbitrarily sold and handed over the same over to the victims, who own a total of 213 billion won in storage.

This is the defendant.

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