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(영문) 대구지방법원 2018.03.15 2017고단6010

배임등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On September 7, 2017, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Daegu District Court, and the judgment became final and conclusive on September 15, 2017.

[2] On May 18, 2016, the Defendant: (a) purchased BT Li-ri-ri-ri-ri-ri-ri-ri-ri-ri-si 690-7, Daegu-gu, Daegu-gu, under the name of C around May 18, 2016; (b) borrowed KRW 26,00,000 from the victim KB Capital Co., Ltd. to cover the purchase price for automobiles; and (c) on the same day, registered the establishment of a collateral security right with the mortgagee’s KB Capital Co., Ltd., and bond value of KRW 26,00,000,000 for the said car purchased by the Defendant as collateral. As such, the duty to keep the said car until the repayment of the loan was made.

From October 31, 2016 to October 31, 2016, the Defendant repaid five times loans each month from the injured party, and the remaining loans were remaining in KRW 24,067,811, but violated the above duties, and the Defendant borrowed KRW 10,000,000 from the person in an irregular place on January 2017, and transferred the said secured vehicle.

Accordingly, the Defendant acquired pecuniary benefits equivalent to KRW 10,000,000 borrowed from a person who was not his name and caused damages equivalent to KRW 24,067,811 to the victim.

On August 22, 2016, the Defendant, “2017, 6747,” extended KRW 10,000,000 to the Victim E working for the victim E in Daegu-gu, Daegu-gu, to pay the victim the deposit money when the Defendant loaned KRW 10,00,000 to the victim’s office.

“.....”

However, at the time, the defendant was unable to pay the existing construction cost and personnel expenses and was instructed to demand repayment, so even if he borrowed money from the victim, he did not have the intention or ability to pay it.

The defendant deceivings the victim and is under his control.