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(영문) 대구지방법원 서부지원 2014.05.30 2013고단1502
배임등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Reasons

Punishment of the crime

[2013 Highest 1502] The Defendant is a substantial operator of D's "D" in Gyeongsan-si C.

On September 29, 2009, the Defendant issued a necessary guarantee to borrow KRW 169,00,000 from a company bank at the office of the Korea Technology Credit Guarantee Fund (hereinafter referred to as the “Korea Technology Credit Guarantee Fund”) located in Daegu-gu, Daegu-gu, 495-1, and offered three (3) CNC Line teams used in the factory operated by the Defendant as collateral for transfer.

According to the agreement on the transfer for security, the Defendant fulfilled his duty of care as a good manager for the victim, and used, preserved, and managed the object of the transfer for security within the ordinary use or business scope, and was not disposed of at will without the consent of the creditor.

In violation of the above duties, the Defendant, at around 2012, disposed of three said CNC Line E in F in Daegu Northern-gu, and disposed of the said CNC Line E in the amount of KRW 25 million per unit, and upon receiving KRW 45 million for the said CNC Line Center.

As a result, the defendant acquired a total of KRW 120 million, and caused the victim to pay for the amount of KRW 153,506,629 on behalf of the company bank, thereby causing property damage equivalent to the same amount.

"2014 Highest 14" defendant is a representative of D in Busan Metropolitan City, who is a full-time employee of D and operates the manufacturing business of motor vehicle parts using 25 full-time workers.

1. The Defendant in violation of the Labor Standards Act, while working in the above workplace on April 1, 2013, did not pay KRW 4,979,100 to the retired worker G wages within 14 days from the date of his/her retirement without any agreement on the extension of the due date, and did not pay KRW 11,412,020 in total for three workers within 14 days from the date of his/her retirement without any agreement on the extension of the due date.

2. The Defendant violating the Guarantee of Workers' Retirement Benefits Act: (a) the Defendant was working at the pertinent workplace on April 1, 2013, and (b) G retirement allowances of retired workers on April 1, 2013.

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