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(영문) 인천지방법원 2018.01.11 2017고단7862 (1)

배임

Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On January 25, 2017, the Defendant was sentenced to four months of imprisonment for an injury and two years of suspended execution at the Incheon District Court, and the above judgment became final and conclusive on February 2, 2017.

[2] Where a transferee of a motor vehicle intends to transfer a motor vehicle again to a third party, he/she shall make a registration of transfer of ownership to the Mayor/Do Governor before transferring the motor vehicle under his/her name.

Nevertheless, on February 2016, the Defendant lent KRW 9 million to B and did not repay the borrowed money, and received the borrowed money as a collateral for the vehicle at the City of Ptotop other city or the vehicle and then transferred the said vehicle to the business operator under his name without making a transfer registration in his/her name on the front of the Bupyeong-gu Incheon apartment, Bupyeong-gu, Incheon.

Summary of Evidence

1. The respective legal statements of the defendant and the joint defendant B

1. Investigation report (attached to the register of motor vehicle registration (A), investigation report (Attachment to the register of motor vehicle registration (A), investigation report (Attachment to suspect B and A-related forwarding data), and the ledger of motor vehicle registration (B);

1. Each written opinion;

1. Previous convictions in judgment: A reply to inquiry, such as each criminal history, reporting on the results of investigation (prior convictions of suspects A and concurrent crimes), and application of statutes governing judgment;

1. Article 80 of the relevant Act concerning criminal facts, Article 80 of the Automobile Management Act and Article 12 (3) of the same Act concerning the selective punishment, and the selection of fines;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which led to the Defendant’s crime of sentencing, led to a large amount of harm caused by the Defendant’s crime, the nature of the crime is not weak.

However, the defendant recognized his mistake and reflected his mistake.

The principle of equity shall be taken into account when a judgment is rendered simultaneously with a final judgment entered in the records of crime.

The defendant's age, sex, family relationship, and other circumstances.