logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2014.01.15 2013고단931
배임
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a person running D Co., Ltd., which is located in the second floor of the Kucheon-gu Seoul Special Metropolitan City.

On September 21, 201, the Defendant borrowed KRW 119,000,000 for the purpose of replacing existing loans at the Kancheon-gu Industrial Bank of Korea located in Seocheon-gu, Seocheon-gu, Busan. In addition, the Defendant provided the above victim with the facilities listed in the attached list, such as CHIP MUTER 3,00,00 for the purpose of securing the obligation.

When the Defendant provided his/her own property as a security for transfer, the Defendant had a duty to preserve the property transferred for transfer with a good manager’s duty of care until repayment of the obligation. However, from September 21, 201 to October 20, 201, the Defendant arbitrarily disposed of the total of 12 million won of the market price of CHIP MOL (CP-45FVNO), 1005 TPOE 30, 32MNN-SESEFEER (NO-SOP), 32M TPPNEENPPPP, 44M TPPNENE 1,200, without obtaining the consent or permission of the said victim.

As a result, the Defendant acquired property benefits equivalent to 12 million won in total, including the market price of the above CHIP MOL MUTER(CP-45FVNO) 1 ENO, and caused considerable damage to the victim.

2. As to this, the Defendant asserts that some machinery was replaced due to reasons such as deterioration and breakdown in 2007 and 2010, but the Defendant did not dispose of after September 21, 201, where a substitute loan was made.

On September 21, 201, as direct evidence corresponding to the above facts charged, there is a statement in this law and investigation agency of E that he/she attached a label of a “corporate bank transfer security” and recorded the object of transfer (Evidence List 4-2) of E that he/she had taken photographs by finding in the factory of the Defendant company one of the list of transferred transfer.

However, the victim bank photographs (Evidence List 15) the object of security for transfer which is currently kept by the bank.

arrow