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(영문) 부산지방법원 서부지원 2019.05.16 2018고단1636
배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operated C Co., Ltd. in Busan-gu B.

On January 2, 2015, the Defendant loaned KRW 272 million to the victim E-bank Spatial Station (hereinafter referred to as the “victim”) located in Seo-gu Busan, Busan (hereinafter referred to as the “Seo-gu”), and delivered the money equivalent to KRW 172,300,000,000 owned by the Defendant as a collateral transfer to the damaged bank, and transferred the money equivalent to KRW 32,350,000,000,000,000 to the two infrastructure CNC Study Center (hereinafter referred to as the “FF”) 1 set of 1 set and 93,000,000,000 won, including KRW 1 set of 32,35,000,000,000, in order to secure the loan.

While the Defendant offered the said machinery as a security for transfer to a victimized bank, and there was a duty to keep and manage the said machinery while fulfilling the fiduciary duty until the repayment of the said obligation, the Defendant transferred the said machinery in KRW 41,690,000 to a “F” business entity, which was kept in the said C plant, KRW 1 set of KRW 41,690,00, and around March 23, 2016, transferred the said machinery in KRW 100,000,000 to a “G” business entity, and around March 27, 2016, transferred the said two infrastructure CNC bargaining Center 1 set of KRW 58,300,000 to a “H” business entity, thereby obtaining monetary gains equivalent to the amount of KRW 193,349,408, and property gains equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer to I;

1. The defendant and his defense counsel argued to the effect that the above machinery was provided as security for transfer to the damaged bank at the time of selling each of the instant machinery. However, according to each of the above evidence, the defendant can be acknowledged as having entered into the above security agreement directly, and the above facts can be acknowledged.

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