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(영문) 수원지방법원 2020.11.27 2019고단5270
배임
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. located in C when he is commercialized.

On January 18, 2016, the Defendant entered into a transfer security agreement with the Korea Development Bank as security limit of KRW 16.444 billion with the victim of the Korea Development Bank, which provides the victim of the Korea Development Bank as security limit of KRW 16.510 million, and continued to keep the said machinery in the way of possession amendment. C corporation entered into a transfer security agreement with the victim of the Korea Development Bank as security interest rate of KRW 16.44 billion, SVW-4217, VF-1/50 of the machine learning center, VF-6S 1 of the machine learning center, VF-6S 1 of the machine learning center, VF-3S 1 of the machine learning center, and 1 of the telecom circuit.

Nevertheless, around December 18, 2018, the Defendant entered into a sales contract with D (mutual name: E) to sell 139,700,000 won in total (including value-added tax) for early GR-510 1 and VF-3S 1, etc. at the lusium (hereinafter referred to as "GR-510") at the lusium, around December 18, 2018, and made D bring 2 of the transferred property at the lusium (including the value-added tax) around December 20, 2018. On January 18, 2019, the Defendant entered into a sales contract with D to sell 219,700,000 won at the SV-4217 SV-3, and made D to sell the transferred property at around 219,000,000 won at around 31,205.

Accordingly, the Defendant concealed the object of security by disposing of the said object of security by means of disposal, which is the object of security interest of the victim, and obstructed the victim's exercise of rights

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by the Korea Development Bank;

1. Application of credit transaction confirmation, transfer for security, detailed statement of destroyed and lost machines and instruments, transcript of corporate register, copy of corporate register, contract for goods transaction, details of accounts in a company bank, sales contract for used machinery and equipment, and banking transaction Acts and subordinate statutes;

1. Article 323 of the relevant Articles of the Criminal Act and the selective punishment, and the choice of imprisonment;

1. Suspension of execution under the Criminal Act;

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