(영문) 부산지방법원 2014.09.03 2014고단5849

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.09.03 2014고단5849

배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is the operator of “C” in Busan-gu.

On July 27, 2010, the Defendant took out a loan of KRW 138,00,000 from the victim as one purchase price of “bareboat Co., Ltd. (HL950-600T)” from the victim at the 3rd party branch of the National Bank of Korea (hereinafter “YL950-600T”), and agreed to provide the above machinery as a security for a loan and to continuously possess and keep the said machinery by means of an alteration of possession. As such, pursuant to the above agreement, the Defendant had a duty to faithfully manage the said machinery within the scope of the purpose of security for the victim and to not dispose of the said machinery until repaying the full amount of the loan.

Nevertheless, around October 15, 2012, the Defendant sold the above machinery to E through the above C through D and delivered it to the above D.

As a result, the Defendant acquired property benefits equivalent to KRW 138 million, which is the security value of the above machinery that guarantees the above loans, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The president of a credit bank, details of credit transaction, written credit transaction agreement, security for transfer, loan application, sales contract for goods, power of attorney, receipt, and tax invoice;

1. The application of Acts and subordinate statutes to the investigation report (crimes);

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. The reason for the sentencing of selective sentence of imprisonment [the range of recommending punishment] The reason for the sentencing of selective sentence of punishment [the scope of recommending punishment] There is no basic area (10 million won to be less than 50 million won) (1-3 years to be a special person] [the decision of sentencing] [the decision of sentencing] the defendant appears to have the attitude of acknowledging and opposing the defendant's crime when committing a crime; there is no criminal history exceeding the same kind and fine; and the damage has not been recovered. However, the statutory detention is not made in order to give the defendant an opportunity to recover damage in light of

참조조문

-형법 제355조 제2항

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