(영문) 대구지방법원 서부지원 2017.10.25 2017고단437

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(영문) 대구지방법원 서부지원 2017.10.25 2017고단437

배임

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who has operated the “C” as a machinery parts manufacturing business chain in Daegu-gun Group B.

On August 31, 2015, the Defendant: (a) at the business division of the Daegu Bank of Korea, in the 17th 33-lane in the middle of the Gyeong-gun, Daegu-gun, Daegu-si, in order to secure the Defendant’s obligation for loans equivalent to KRW 182,00,000,000, the amount of the Defendant paid to the Daegu-gun, Daegu-si Bank; (b) transferred the ownership of a total of three machinery and appliances (an appraisal of KRW 226,00,000,000,000) owned by the Defendant, to the creditor of the Daegu-si Bank; (c) on the other hand, the delivery of the secured object was made by means of the occupancy revision, with the purport that the Defendant will continue to possess and use the secured object.

In this case, as a defendant who keeps the object of transfer collateral, there was a duty to faithfully manage the above collateral so that it can achieve the purpose of transfer collateral.

Nevertheless, on January 2016, the Defendant violated his duties, sold and disposed of three of the machinery and appliances, which he provided as security to the Daegu Bank of the injured party as above, to a person without a name, who became aware of through the Internet trading site of the second and second goods transaction site, at KRW 80 million, and thereby acquiring property gains equivalent to KRW 226 million in total from three of the machinery and appliances owned by the injured party who is the object of the security, and suffered the same loss to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A request for a credit transaction agreement, credit and security status, each transfer security contract, a detailed statement of appraisal and assessment of each machinery and apparatus, and restoration of collateral;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with witnesses D);

1. The grounds for sentencing of sentence for criminal facts under Article 355(2) and (1) of the Criminal Act, Article 355(2) of the Criminal Act, and Article 355(1) of the Criminal Act, as to the sentencing of imprisonment, are large amounts of money for the victim bank by selling at

참조조문

-형법 제355조 제2항

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