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(영문) 인천지방법원 2017.06.15 2017고단2682

배임

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 1, 2012, the Defendant purchased B rocketing car in the name of the Defendant, the representative director, at the office (jum) S. S. Es. Es. office located in Seocheon-gu, Seocheon-si, Seoul. In order to raise the purchase price for a car, the Defendant borrowed KRW 21,30,000 from the Defendant’s Social Co., Ltd., Ltd., the Defendant borrowed KRW 21,30,000 as the purchase fund for a car. On June 4, 2012, the Defendant created a collateral security right with the mortgagee’s “Korean Social Co., Ltd.,” and the bond value “1,065,00 won” as the security for a car as to the obligation for a loan around June 4, 2012. As such, the Defendant

Nevertheless, the Defendant violated the above duties on May 2014, and sold a passenger car to a name-free person in the name-free area of not more than 4 million won in the name-free area.

As above, the Defendant acquired a profit equivalent to KRW 4 million by selling and buying a motor vehicle which is the object of a mortgage to a person with no name, thereby losing its collateral value, and at the same time, incurred a loss of property equivalent to the loan to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing a copy of a contract for trading assets, a new installment contract, and a certificate of all registered matters;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] Type 1 (400 million won or less) [No person subject to special sentencing] [Article 62(1)] [Article 62(1) of the Criminal Act] [Article 62(1) of the basic area (Article 62-10 million won or less] [Article 62(1)] [Article 62(1) of the Criminal Act] [Article 62(1) of the Criminal Act] [Article 62(1)] [Article 62(1) of the Criminal Act does not have a significant amount of damage but has not yet agreed with the victim. However, it is reasonable to take into account