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(영문) 울산지방법원 2018.10.18 2018고단1533
업무상배임
Text

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

Reasons

Punishment of the crime

The defendant, as the actual operator of the LAB, has been engaged in the management of securities by exercising overall control over the business affairs of the above company.

On July 13, 2015, the Defendant concluded a transfer security agreement with the Small and Medium Business Corporation’s office located in Ulsan-gu, Ulsan-do with the intent to provide one unit of each of the “CNC Line” (UMA 300C) and “CNC Line” (the model name PUMA 300C) as security at the time of concluding a loan agreement with the Victim’s Small and Medium Business Corporation for a loan period of nine years.

In addition, on December 26, 2016, the Defendant entered into a contract for the sale of goods for the purchase of 2,790,000 won from the victim D Co., Ltd. (the model L300LA, F650/50) at the office office of Ulsan-gu, Ulsan-gu, in order to secure the payment obligation, the Defendant transferred to the above victim a security for each of the above "Machiner" and "CNC Line" (the model name PMA300C) in order to secure the payment obligation.

Therefore, the defendant has a duty to keep two above machinery, which is a security, for the victims until they repay each of the above debts.

Nevertheless, in the event that the Defendant did not repay each of the above debt amounts, he violated his duties and disposed of the two of the above machinery in an amount equivalent to KRW 235 million at the market price around October 2017 to the mid-term high-ranking business operator in violation of his duties, thereby acquiring property benefits equivalent to the above amount, and causing damage to the victims, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F, G, H, and I;

1. Loan agreement, agreement on debt acquisition, agreement on collateral transfer, each contract and each transaction contract for the goods, each electronic tax invoice, the full payment of the price, and the confirmation of ownership and appraisal attached to each complaint and complaint book;

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