(영문) 대구지방법원 2014.07.18 2013고합537

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(영문) 대구지방법원 2014.07.18 2013고합537

특정경제범죄가중처벌등에관한법률위반(배임)

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1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for eight months;

2. However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

1. Defendant A, from March 25, 200 to March 11, 2009, served as the representative director of G in the Gu and Si F (hereinafter “G”).

On May 17, 2007, the Defendant concluded a loan contract for industrial facility fund with the Korea Development Bank, and set up a collateral under the Factory Mortgage Act of 12 billion won with respect to the land, buildings, machinery and equipment owned by the G as collateral.

Since the Defendant had the right to collateral, the Defendant violated his duty to keep the collateral in line with the purpose of collateral until the secured obligation is repaid, the Defendant arbitrarily sold 126,219,57 won in total of machinery and equipment and caused damage equivalent to 126,219,571 won in total to the victim by arbitrarily selling 4 Mount, the market price of which is equivalent to 89,390,822 won in China, and TRP-550 (SP-50) equivalent to 31,918,542 won in the market price of the object of the right to collateral security to the Jinsung Electronic Co., Ltd. on August 19, 2008.

2. Defendant B was appointed as the representative director of G around March 11, 2009.

As seen above, the Defendant entered into a security agreement for transfer of machinery and equipment to the Korea Development Bank on May 18, 2010, when the machinery and equipment, which had been the owner of the right to collateral security, was transferred to Ulsan-si, Ulsan-si H.

The Defendant, as above, was the victim of the right to collateral, and thus, was in violation of his duty to keep the collateral in line with the purpose of collateral until the secured obligation is repaid. However, on July 9, 2010, the Defendant violated his duty to keep the collateral in line with the object of collateral security, and thus, violated his duty to sell at will the Feeder’s free sale of 268ST equivalent to the market price of 29,66,070 won which is the object of the right to collateral security and the right to collateral security (SP-50) at the market price of the object of the right to collateral security and the right to collateral security (SP-50) at 29,66,070 won, and the market price of 9,88,694 won at the market price.

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-공장 및 광업재단 저당법

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