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(영문) 창원지방법원 2014.12.19 2014고단2253

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 2253] Around December 22, 2010, the Defendant purchased CK7 car from the victim (the victim) who is located in the Central Office of Staff and Staff-2 Mutual Aid Association of Changwon-si, the window of Changwon-si, and received a loan of KRW 32,50,000 from the victim to pay the 668,355 won per month between 60 months and 60 months as security, on condition that the said vehicle will be paid in installments from the victim. On January 3, 2011, the Defendant completed the establishment registration of mortgage on the said vehicle to the victim, thereby preserving the value of the said vehicle as security for the victim until repayment of the installment loan.

On December 22, 2012, the Defendant: (a) borrowed KRW 10,00,00 from a person whose identity is not known in Gangwon-do; (b) drafted a letter of renunciation and written consent to use of the said vehicle; (c) written consent to the loan and written consent to use of the vehicle; and (d) transferred the said vehicle to him/her as a transfer security.

As a result, the Defendant acquired financial benefits equivalent to KRW 22,393,426 of the unpaid amount of the said vehicle, and suffered financial damages equivalent to KRW 16,250,000, which is the claim value of the collateral security.

[2014 Highest 2557] On November 24, 2010, the Defendant was sentenced to a suspended sentence of two years and six months for a violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapon, etc.) in the Changwon District Court's branch branch on November 24, 201, and was punished seven times for violent crimes, such as receiving a summary order of KRW 500,000 as a crime of violation of the Punishment of Violences, etc. Act (joint assault) in the same court on December 27, 2013.

On April 2, 2014, the Defendant: (a) around 02:20 on April 2, 2014, around the new nursery Park that was located in the 159-lane, Kim Jong-si, Kim Jong-si, 159-ro; (b) on the ground that the victim D (38 years of age) did not pay the taxi expenses and the escape her driver, the Defendant her bows once and twice her bows, followed the victim’s bows, and went back again; and (c) followed the victim’s body part by cutting down the Defendant’s boom belt that the victim would drive back.