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(영문) 인천지방법원 2017.11.16 2017고단5785
배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

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.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. established for the purpose of industry, etc.

On April 27, 2011, the Defendant received loans equivalent to KRW 5.6 billion on 12 occasions from the Industrial Bank of Korea (hereinafter “victim bank”) in the name of the said company, such as borrowing KRW 2.1 billion as a loan for small and medium enterprise facilities funds, and KRW 2 billion as a loan for promotion fund facilities funds.

On April 27, 2011, the Defendant: (a) changed the scope of secured debt with the victim bank to limited the scope of secured debt to small and medium enterprise financing loans, small and medium enterprise financing loans, promotion enterprise financing loans, and promotion enterprise financing loans; (b) on October 12, 201, the Defendant kept the aforementioned machinery and tools in line with the purpose of security until repayment of the limited loan debt; and (c) had the duty of arbitrarily transferring it. (d) the aforementioned machinery and tools in line with the purpose of security until the limited loan is repaid. (e) The Defendant changed the scope of secured debt with the victim bank to limited the scope of secured debt to small and medium enterprise financing loans, small and medium enterprise financing loans, and promotion enterprise financing loans.

Nevertheless, on February 12, 2014, the Defendant violated his duties, and transferred the above Pib Com to E with one air unit and KRW 75 million from the date of 2012 to November 4, 2014, and acquired property gains by transferring the total amount of 15 million to KRW 197 million or KRW 270 million from the date of 2012 to the date of November 4, 2014, and suffered property losses equivalent to the same amount of money from the victim bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each credit transaction agreement, credit account statement, agreement on the establishment of collateral security, all certificates of each registered matter, agreement on the establishment and alteration of collateral security, and list;

1. Details of disposition of machinery and equipment;

1. Application of Acts and subordinate statutes of each trade contract;

1. Criminal facts;

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