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(영문) 서울동부지방법원 2017.10.20 2017고단703
배임
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On April 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Immigration Control Act at the Suwon Friwon, for six months of suspension of execution, and the above judgment became final and conclusive on April 11, 2014.

The defendant is the operator of D Co., Ltd., established for cement production, etc. in Spocheon City C.

On November 27, 2009, the Defendant: (a) borrowed KRW 1.2 billion from the Industrial Bank of Korea located in 1104, in order to secure the above loan repayment from the Industrial Bank of Korea located in Masung-si, in order to secure the above loan repayment, the Defendant established the victim’s right to collateral security; (b) the right to collateral security; (c) the right to collateral security; (d) the right to collateral security; and (d) the maximum amount of the claim amount at KRW 1.5 billion with respect to the land and the building of the said land and the F, etc. around February 12, 2010, the Defendant created the victim’s right to collateral security; and (d) concluded a contract on May 31, 2011, to establish an additional mortgage on the object of mortgage security on the land and the building of the said E, the Defendant, the person who established the right to collateral security; and (e) concluded a contract on May 31, 2011.

Accordingly, according to the above factory mortgage agreement, the defendant has a duty to keep the mortgaged object in good faith so that the injured party of the factory mortgage can achieve the purpose of the factory mortgage establishment.

Nevertheless, the Defendant disposed of each machinery, apparatus, or structure listed in the annexed Table No. 1-3, 1-7, 1-8, 1-9, 1-10, 1-11, and 1-12, which is the object of the factory mortgage at the above D office office on February 2013, on an irregular basis, and thus the location of each machinery, apparatus, or structure cannot be known.

As a result, the defendant acquired property benefits equivalent to the sales price of the above disposed goods in violation of his duties, and caused property damage equivalent to the market price to the victim, the total sum of the price of each of the above machinery and instruments is KRW 780 million.

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