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(영문) 부산지방법원 동부지원 2017.11.30 2017고단2187

배임

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around August 20, 2013, the Defendant borrowed KRW 8,200,00 from the victim's modern Capital to cover the purchase price of automobiles when purchasing CM5 passenger cars in the name of the Defendant from Nam-gu Incheon Metropolitan City around August 20, 2013, and borrowed 8,200,000 from

8. Around 21.21. Since the establishment of a right to collateral security was registered on the said car purchased by the Defendant as collateral with the mortgagee’s Hyundai Capital (ju) and bond value of KRW 8.2 million, the duty to preserve the said car until the loan was refunded.

On October 14, 2014, the Defendant borrowed KRW 2 million from 501 to 501 of the Busan High-gu Office Office Officetel, Busan High-gu Office Office and transferred the said vehicle to the Defendant as collateral in violation of the above duties. As such, the Defendant acquired the above loan amount of KRW 2 million and suffered damage equivalent to KRW 8.2 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a complaint, an application form, an investigation report (F telephone conversations), an investigation report (Submission of documents related to loans A to a suspect), a loan certificate, and a waiver of vehicles;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment

However, it is favorable for the defendant to recognize the facts charged and reflect it seriously, the extent of damage is relatively small, the defendant paid part of the installment of motor vehicle, and the defendant has no record of punishment for the same crime.

In addition, the defendant's age, sex, environment, means and results of the crime, circumstances after the crime, etc.