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Reasons
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(영문) 대구지방법원 안동지원 2016.11.25 2016고단491
배임
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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

On July 29, 2014, the Defendant purchased CNCing ( Model Name: ECOAL-43VN) equivalent to KRW 23,50,000 at the market price from B Company, and received a loan of KRW 38,50,000 from the victim FFF Capital Co., Ltd., and offered 15,000,000,000 at the market price owned by the Defendant as security for the loan.

As seen above, the Defendant had a duty not to dispose of the above machinery inasmuch as the Defendant had the Defendant keep it as he provided one of the crupting machinery to the victim as a security for transfer.

Nevertheless, the Defendant violated his duties and did not fully repay the loans to the victims, but around April 2015, at “D” factory operated by the Defendant located in Daegu Northern-gu, Daegu Northern-gu, (hereinafter “D”), voluntarily disposed of one of the above-discovering machinery, thereby acquiring financial benefits of KRW 15 million and causing damage equivalent to the same amount to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 고소장, 리스계약서, 양도담보계약서, 사진, 상환스케쥴, 대출금납부내역

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (less than KRW 100,00) of the basic area (from April to April) of the scope of the recommendation (no person specially punished);

2. The amount of damage, the age, character and conduct, the environment of the defendant, the background of the crime in this case, circumstances after the crime, etc., by the fact that there is no serious criminal record and there is no record of the same kind of punishment.

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