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(영문) 의정부지방법원 2015.10.23 2015고단2699

배임

Text

A defendant shall be punished by imprisonment for six 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

On February 19, 2014, the Defendant: (a) purchased BNS vehicles from the used cars sale price at Ansan-si; (b) received a loan of KRW 27,000,000 from the victim FFF Capital Co., Ltd.; and (c) agreed to repay the loan in installments for the following 36 months; (c) as security, the Defendant agreed to set up a collateral mortgage of KRW 27,00,000 on the said vehicle at the victim’s end.

On February 20, 2014, the Defendant completed the registration of ownership in the name of the Defendant with respect to the said passenger car and the registration of the creation of mortgage, which causes the maximum debt amount of 27,000,000 in the name of the victim, respectively, and thus, there was a duty to keep the said passenger car for the purpose of security until the loan is repaid.

Nevertheless, the Defendant violated the above duties at the end of March 2014 and borrowed KRW 5,900,000,000 from the Hongk University near the Hongk University located in Mapo-gu, Seoul, Mapo-gu, Seoul, by taking out as security the loans of KRW 5,900,00,000, the Defendant used the above loans of KRW 5,90,000, the above loans, by transferring the said automobiles to another party, and suffered damages equivalent to KRW 27,00,000, the above car loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Calculation of the amount of claims, overdue situation, application for loan, loan, the next time, the register of automobiles, details of contact with customers prepared in the efficien Capital, etc., current status of deposit, application of Acts and subordinate statutes of the contract for establishment of

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) and (1) of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (100 million won) (4 to 1 year and 4 months) of the basic area (4 to 1 year) and the scope of comparison of recommended sentences: Imprisonment with prison labor for April 1 to 14 (the decision of sentence), six months from the suspension of execution, two years from the suspension of execution, and conditions unfavorable to 80 hours in community service: The victim and unargument, and unargument of damage: more favorable circumstances: