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(영문) 수원지방법원 2016.07.13 2016고단1713

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 became final and conclusive.

Reasons

Punishment of the crime

On November 14, 2011, the Defendant purchased one motor vehicle for the FMW in the name of Yongnam-gu, Yongnam-gu, Seoul in order to pay for the purchase price of a motor vehicle from the D motor vehicle sales store in the name of Yongnam-gu, Yongnam-gu, and received a loan of KRW 77 million from the victim A Capital Capital Co., Ltd. on the same day to cover the purchase price of the motor vehicle, and registered the victim as a mortgagee and registered the establishment of a collateral security right of KRW 38.5 million on the same day. Thus, the duty to keep the said motor vehicle for the purpose of security was to occur until the loan is refunded.

Around January 14, 2014, the Defendant borrowed KRW 20 million from a person who was unaware of his name in violation of the above duties from a person who was unaware of his name, and transferred the said vehicle to another person as security in violation of the said duties, thereby obtaining pecuniary benefits equivalent to KRW 20 million borrowed from the person who was unaware of his name, and suffered pecuniary damages equivalent to KRW 38.5 million from the victim of the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made to I by the police;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes to details of payment of written complaint, written contract, registration certificate, and peremptory notice;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended punishment] [the grounds for sentencing] mitigated (one month to October) in the mitigated area (one hundred million won) (the special sentencing sentencing person] (the decision of sentencing is erroneous and agreed with the victim; 25 times out of the total 60s monthly payments; 60s, the amount of 25 times out of the defendant's age, sex behavior, environment, etc. shall be determined as the disposition of the order.