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(영문) 전주지방법원 군산지원 2014.01.15 2012고단2299
배임등
Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

"2012 Highest 2299"

1. When Defendant A and B came to know that auction is in progress with respect to the H’s land, factory buildings, and machinery on May 24, 2011, Defendant A and B obtained a successful bid with the burden of 80% by Defendant B, Defendant B’s share of 20%, and the successful bid price, and the establishment and operation of the manufacturing company in the package after being awarded a successful bid. On May 18, 201, Defendant A established a limited liability company I with the said parcel number as the location of the foregoing parcel number as of May 18, 201, and received a successful bid for the said auction goods under Defendant A’s name on May 24, 201.

However, Defendant A and B appropriated the successful bid price of KRW 350 million from the point of Seocheon-gu, Seocheon-si, the victim of the loan and Yyang-si, the Hansan-si, for the loan of KRW 350 million in the name of Defendant A, at the same time as the registration of ownership transfer, and the machinery equivalent to KRW 215,040,00 in the market price of the above land and its ground and the machinery equivalent to KRW 15,250,90,000 in the market price of the above land and its ground, Defendant A as the debtor, and the victim as the mortgagee, set the first priority collective security of KRW 455,500,000 in the maximum debt amount.

Therefore, Defendant A had a duty to properly preserve and manage the subject matter of the right to collateral security until the subject matter of the right to collateral security is realized, such as repayment of the above loan.

Nevertheless, Defendant A conspired with Defendant B to repay bonds borrowed in order to raise the successful bid price by disposing of the machinery from among the objects of the right to collateral security in violation of his/her duties, with a smaller amount of loans and the increase in the burden of bonds. Defendant B disposed of bonds borrowed in order to raise the successful bid price. On May 27, 201, at the K office located in theJ in the following cities in the following cities: (a) on May 27, 201, Defendant B disposed of bonds borrowed from Defendant B with the purchaser of used machinery at the end-of-life machinery: (b) one set of 100 meters in the pressure-generating machine, part of the objects of the right to collateral security; (c) one set of 120 meters in the pressure-generating machine; (d) one set of 4 meters in the pressure-generating machine; (e) 60 meters in the pressure-generating machine; and (e) two 100km in the size of the foundation; (e) one set of 500 kilograms

7. A loan borrowed from D, such as the statement of the "2013 Highest 1160" crime.

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