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(영문) 대전지방법원 천안지원 2015.04.30 2015고정126

배임

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 16, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court, and the judgment became final and conclusive on July 11, 2013.

On July 31, 2012, the Defendant purchased a B Ors car, and borrowed KRW 19,000,000 from the victim Ors Capital Co., Ltd. to cover the purchase price, and on the same day, registered as a collateral security establishment for the said car purchased by the Defendant as collateral with the mortgagee Amins Capital Co., Ltd., and the bond price of KRW 13,300,000, the obligation to keep the said car for the purpose of security was incurred until the loan is repaid.

On September 2012, the Defendant borrowed 5 million won from a person who was unaware of his name on the road front of the horse race track located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and transferred the above vehicle as security in violation of the above duties. The Defendant acquired the above borrowed money amounting to KRW 5 million, and suffered damages equivalent to KRW 13,300,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Entry in the application form for automobile;

1. Previous records of judgment: Application of criminal records, inquiry records, and each of the Acts and subordinate statutes stated in the judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;