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(영문) 울산지방법원 2017.05.24 2016고단4025
배임
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 18, 2013, the Defendant: (a) around C commercial buildings located in Ulsan-gun B, Ulsan-gun; (b) around August 25, 2013, to pay KRW 527,350 per month from around July 25, 2016 to July 25, 2016; and (c) drafted an agreement on security loans of KRW 15 million with employees of two capitals in the victim Co., Ltd.; (b) around the 26th day of the same month, the Defendant set up a collateral security agreement of KRW 12,00,000 for the value of the claim on the construction machinery (E) registered under D’s name; (c) thus, there was a duty to keep the said excavation machine in compliance with the purpose of security until the loan is refunded.

Nevertheless, the Defendant did not pay all the money from January 2014, and took over the above 6,00,000 won from G’s house located in Ulsan-gunF around that time by taking over the above f,00,000 won as security, thereby acquiring the above 6,00,000 won proprietary benefits borrowed from G, and suffered damages equivalent to the above f,00,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to filing an accusation and a report on investigation (the statement in G currency of an occupant of the excavation season);

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) the Defendant, who provided and occupied the scools as collateral, has committed an act of reducing the value of security as a substantial debtor; and (b) the nature of the offense is not good; (c) the confession and reflect are made; and (d) there is no special criminal record other than the previous

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