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(영문) 수원지방법원 2016.02.18 2015고정3312

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 March 31, 2014, the Defendant purchased D and NF rocketing vehicles in the “C” located in the sports Yang-si B, and took out loans from the victim EF Savings Bank in order to cover the purchase price of the vehicle, and the Defendant took out loans from the victim EF Savings Bank in the same year.

4.2. Since a right to collateral security was established for the foregoing vehicle with a debt of 6 million won, the duty to keep the said vehicle for the purpose of collateral security was incurred until the loan was refunded.

Nevertheless, on December 7, 2014, the Defendant violated the above duties and borrowed 2.5 million won from a third party to borrow a loan from a third party in violation of the said duties at a non-permanent place on December 7, 2014, and transferred the said car to the third party as security, thereby acquiring property benefits equivalent to KRW 2.5 million borrowed from a third party and causing property damage equivalent to KRW 6 million to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A loan application form and a ledger of automobile registration;

1. Application of each investigation report ( telephone investigation), and (non-party telephone statement) statute;

1. Relevant Article 355 of the Criminal Act concerning facts constituting an offense, Article 355 (2) of the Criminal Act selecting a penalty, and selection of a fine;

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

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