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(영문) 창원지방법원 2016.06.30 2015고단3115
배임등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2015 Highest 3115] The defendant is a person who manufactures vessel parts in the trade name of "E" from Kimhae-si D.

On September 25, 2012, the Defendant created a collateral security on the land, building, and machinery installed in the above E-factory owned by the Defendant with the care of a good manager until he/she repaid the above loan, in obtaining a loan of KRW 750 million from the Small and Medium Business Corporation (hereinafter “victim Corporation”), and the Defendant had the duty to keep the said machinery with the care of a good manager until he/she repaid the loan.

Nevertheless, the Defendant sold one unit of CNC PALAS CUTING M/C among the machinery that created the right to collateral security as seen above to G that operates F on July 3, 2014 at KRW 140 million, and sold the vertical type MACHININCNER 1 unit to G that operates H on August 13, 2014 at KRW 75 million.

Accordingly, the defendant acquired a total of 200 million won property interest, and the victim corporation suffered property damage equivalent to the same amount.

[2016 Highest 691] The defendant is a person who actually operates J and E companies.

On October 4, 2013, from around February 26, 2015 to around February 26, 2015, the Defendant was expected to obtain a lease loan equivalent to 540,500,000 won in total from Korean Capital, etc. for 4 used secondhand machinery, such as NC mining, etc. used at a factory as shown in the attached Form, and when the above E enters the rehabilitation procedure, then the Defendant would be subject to a provisional disposition for each Capital Company’s security, and the victim, the customer, by deceiving another personal stock company on the ground of personal factors, was willing to partly resolve the loans to the Capitaling Company.

On August 8, 2015, the defendant issued a provisional disposition against K et al. of the victim company's employees in the above E office located in the Seocho-si Kim Jong-si.

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