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(영문) 수원지방법원 안산지원 2016.06.21 2016고정543

배임

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On May 25, 2012, the Defendant entered the written indictment in Gangnam-gu Seoul, Seoul, the 126th HHro, and the 13th floor victim of the 13th floor building, one of the victims, as LT 300 assets management loan companies, one of the victims, who received the claim from the Gath Capital Co., Ltd.

However, since the crime of this case was completed around August 2012, and the amount of the above bonds was completed on June 26, 2015, it is reasonable to view the victim as a capital company.

However, since this does not affect the defendant's right of defense, it is reasonable to recognize the criminal facts by correcting the victim as above without any changes in indictment.

At the office of the Gu, the Defendant borrowed KRW 16,00,000 from the person who suffered from the damage of the vehicle to cover the purchase price of the vehicle, and registered the establishment of a collateral security on June 5, 2012 with the mortgagee’s and the bond value of KRW 12,80,000 on the said vehicle as collateral. As such, the Defendant had the duty to keep the said vehicle for the victim until the repayment of the loan was made.

On August 2012, the Defendant, in violation of the aforementioned duties, provided that the said car was used as a substitute repayment for the borrowed money to a person who was not the name, in front of the building in Ansan-si, the Defendant lost the value of the said car’s security, thereby obtaining property benefits equivalent to KRW 12,80,000,000, and suffered damages equivalent to the same amount for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol by the police for E;

1. Application of a written agreement on installment financing, a ledger of automobile registration, and the Acts and subordinate statutes of the debtor’s president;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;

1. Grounds for conviction of Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit.