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(영문) 청주지방법원 2021.01.21 2019고단2607
배임
Text

A defendant shall be punished by imprisonment for six 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. located in the petition-gu, Cheongju City.

Around June 30, 2008, the Defendant entered into a contract to establish a future collateral loan agreement with B factories (site, buildings) located in Cheongju-si with the Industrial Bank of Korea and the maximum amount of claims KRW 1.146 million. Around April 22, 2013, the Defendant received loans of KRW 150 million from the injured party for small and medium enterprise loans of KRW 87 million from the injured party on October 15, 2014; KRW 168 million from the injured party on March 23, 2015; KRW 147 million from the loans of small and medium enterprise loans of KRW 10,000 from the injured party on March 30, 2015; KRW 1500,000 from the damaged party on March 30, 2015; KRW 10,700,000 from the damaged party on December 15, 2015; and KRW 100,000,01.

Nevertheless, in around 2018, the Defendant disposed of 150 tons of the appraised value of 10,440,000 tons of the above collateral, 15,660,000 tons of the appraised value, 15,60 tons of the appraised value, 18,64,000 tons of the appraised value, 140 tons of the appraised value, 200 tons of the appraised value, 20,880,000 grosss of 350 tons of the appraised value, 35,624,000 of the appraised value, and 4 units of the appraisal value of 65,624,00 of the total of the appraised value of 350 tons of the appraisal value.

Accordingly, the Defendant concealed the machinery owned by the Defendant, which was the object of the right to collateral security of the victim, by taking out the machinery as above, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. A written credit transaction agreement, a mortgage creation agreement, a detailed statement of appraisal and assessment, and a written complaint for recovery of collateral;

1. Machinesic photographs of each machine;

1. Application of Acts and subordinate statutes to investigation reports (specific, etc. of the amount of damage), investigation reports (specific, etc. of the amount of damage);

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the instant crime.

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