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(영문) 광주지방법원 2013.05.02 2013고단433
배임등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Breach of trust;

A. On October 27, 201, the Defendant entered into a contract of transfer of security with the content that “In order to secure the obligation of KRW 58,000,000,000 from the victim CFF Capital Co., Ltd. on condition of installment payment in 24 months, the Defendant shall transfer ownership of the total amount of KRW 139,160,00 to the creditor company, including the main body and monitors, software, programs and internal facilities, etc., 60, respectively, to secure the obligation of KRW 58,000.”

The Defendant fulfilled the duty of due care of a good manager until he/she fully performs his/her obligation to the victim pursuant to the above contract, and used, preserved, and managed the object of security for transfer, and if he/she intends to dispose of it, the duty to obtain the consent of the victim,

On July 2012, 2012, the Defendant, in violation of the above duties, sold to the “C” operator of the said computer at KRW 15,400,00 as the market price, KRW 45, and monitors at KRW 13,20,00,00 in the amount of KRW 15,40.

B. On September 1, 2012, the Defendant, in violation of the above duties, sold to the said C operator four parts of the computer and four monitors in total amount of KRW 1,200,000, in violation of the above duties.

Accordingly, the Defendant acquired property benefits equivalent to KRW 14,400,000 from the above computer sales proceeds, and suffered damages equivalent to KRW 16,600,000 to the victim.

2. The Defendant was holding 15,400,000, the total market value of which is the 15,400,000, and 16,000, in B, the Defendant’s confidential indication in the line of duty.

On August 30, 2012, the execution officer D of the Gwangju District Court attached the said goods at the above time room and attached a seizure mark on the said goods, based on the original copy of the decision of seizure of corporeal movables (No. 2012No. 4521) at the above court upon delegation of the execution of the creditor COS Capital Co., Ltd.

However, around September 1, 2012, the Defendant had four computers among the above goods.

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