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(영문) 서울중앙지방법원 2015.01.30 2014고합693
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 6, 2005 to December 9, 2010, the Defendant served as the representative director of the Victim F Co., Ltd. (hereinafter “F”), and is also the representative director of G Co., Ltd. (hereinafter “G”) and H Co., Ltd. (hereinafter “H”).

H on December 20, 2006, issued and accepted corporate bonds worth KRW 20 billion (hereinafter “instant corporate bonds”) and guaranteed the payment of the above corporate bonds at the time when G had guaranteed the payment of the above bonds. Although there was a difference between the maturity date of the above corporate bonds and December 20, 2008, H and G were insufficient funds to repay each of the above bonds, and around December 9, 2008, the maturity of the above corporate bonds could not be extended unless the credit rating of G was adjusted downward and the additional collateral was provided.

On December 18, 2008, the Defendant, as the representative director of the victim, set up a plan to receive compensation for losses incurred by providing assets as security in relation to his/her duties, regardless of the victim’s duties or not to provide the victim’s assets as security, thereby in violation of the duty to preserve the victim’s assets, thereby creating a collateral security (hereinafter “instant collateral security”) with regard to the debtor, our bank, as the mortgagee, and the maximum debt amount of 13 billion won, as against the 29 parcel, including Ulsan-gu, Ulsan-gu, Seoul Metropolitan Government I (hereinafter “instant parcel”), which is owned by the victim.

As a result, the defendant obtained the financial benefits equivalent to 13 billion won from the bank and suffered the same loss as the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of J, K and L;

1. Prosecutor's office and police interrogation protocol of the accused (including substitute interrogation);

1. Statement to J police officers;

1. Sale of a complaint, loan, business agreement, etc., a certified copy of the real estate register, each defense counsel's opinion, and M commercial building;

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