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(영문) 의정부지방법원 2017.03.30 2017고단505
배임
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 2011, the Defendant was a person who operates B B located in Namyang-si, and was liable for the supply price of the goods to the victim E with KRW 14 million.

Therefore, the Defendant, at the Daur Office of Law Firm, located in 365-16, Nov. 8, 201, at the time of the Government-si, and 365-16, transferred 1 million won to the victim as a collateral. From the end of November, 2011 to the end of December, 2012, the Defendant: (a) provided the victim with a notarial deed; (b) provided two foundations, which are household production machinery used in the said C office, as collateral; (c) provided 2 units, Ma-ro, Ma-ro; (d) one unit, one unit, one unit, one unit, one unit, one unit, one unit, one unit, one unit, one unit, one unit, and one unit, one unit, one unit, and another; (d) provided the victim with a notarial deed of KRW 14 million as collateral; and (e) provided the victim with a reasonable amount of 100,000,000,000,00 won of the above Da14.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A contract for sale of wooden machinery;

1. Photographs;

1. A performance letter and a process deed;

1. Application of Acts and subordinate statutes to the receipt of documents, 2015 copies 7349, 7349, which are impossible to enforce seizure of movable property;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant’s mistake in depth, the fact that the Defendant appears to have committed an offense due to the operational difficulty of a household factory operated, the degree of damage is not severe, and the Defendant has no special criminal record other than the same criminal record and fine.

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