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(영문) 수원지방법원 2016.11.03 2016고정1957

배임

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 16, 2015, the Defendant was sentenced to four months of imprisonment for fraud at the Suwon District Court on July 16, 2015 and the said judgment became final and conclusive on July 24, 2015.

Around March 3, 2014, the Defendant purchased one motor vehicle of the B Lastae Incheon Branch of Incheon Nam-gu, and set up a mortgage on the said motor vehicle with the amount of KRW 5 million at the victim company’s credit value in the future on March 5, 2014, by providing the said motor vehicle as security to the social social group (on the present KF Capital Co., Ltd., Ltd., hereinafter “victim”) of Korea (hereinafter “victim company”) of the victim Co., Ltd., Ltd., for 8,000,000 won, and received a installment loan, and repaid 366,054 won per month for 36 months, but the Defendant agreed to lose the benefit of time and deliver the said motor vehicle in arrears to the victim company.

Accordingly, the Defendant, as a good manager, has a duty to manage and keep the said vehicle as a good manager, provided the said vehicle as collateral and delivered it to the company by allowing the said bond company to dispose of the said vehicle in lieu of the said loan, and allowing the victim to exercise a mortgage on the said vehicle by allowing it to use the said vehicle on July 20, 2014, when paying the installment from around March 20, 2014 to May 30, 2014.

As a result, the defendant obtained property benefits from the above bond company by a person who administers another's business in violation of his duty, and suffered loss equivalent to five million won from the victim company.

Summary of Evidence

1. A protocol concerning the examination of partial police officers of the accused;

1. A written statement prepared in C;

1. A complaint;

1. Notice of assignment of claims;

1. Automobile register;

1. Customer loan documents;

1. Previous records of judgment: Application of criminal history records, investigation reports (suspects, repeated crimes of suspects and ex post concurrent crimes, and court records attached thereto);

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