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(영문) 서울서부지방법원 2016.05.18 2016고단509

배임

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 18, 2014, the Defendant: (a) purchased 25 tons of trap 802 from the tep Rap 244-2 (on September 18, 2014, from the tep Rap 802, the Lson Co., Ltd. (B to change the vehicle number); (b) purchased 25 tons of trap 1 from the tep Rap 1,500,000 of 45,000 of Gap Gap 1, Seoul, Dongdaemun-gu, Seoul, with a view to appropriating the purchase price for the trap 1; and (c) received loans from the Gap 1,50,000 of Gap 1,000 from the Gap 1, the Defendant purchased as security, and on the same day, registered as a collateral for the trap 1,31,500,000 won for the trap 1,000.

On March 2015, the Defendant borrowed KRW 10,00,000 from a person whose name is not known in Busan, in violation of the above duties, and transferred the freight to the Defendant as security, thereby acquiring pecuniary benefits equivalent to KRW 10,00,000 borrowed from a person whose name is unknown, and thereby causing damage equivalent to KRW 45,00,000 to the victim’s loan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the motor vehicle registration ledger and application for debate;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] [the grounds for sentencing] No person who does not have a basic area (from April 1 to April 1) [the decision of sentencing] under Article 62(1) of the Criminal Act (the grounds for sentencing as set forth below] [the decision of sentencing] [the defendant recognized all the crimes of this case and divided his mistake, there is no record of criminal punishment exceeding the fine, there is no record of criminal punishment exceeding the fine, part of the loan, and other crimes committed by the defendant's age, sex, environment, motive, means and result of the crime.