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(영문) 수원지방법원 평택지원 2015.02.06 2014고정864

배임

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant borrowed KRW 8,00,000 from a social company created by the victim's Republic of Korea in order to cover purchase price when purchasing a new-scale car under the name of the Defendant, and on February 3, 2012, set up a collateral security right with the mortgagee's amount of 8,00,000 won as the victim and the secured debt amount of 8,000,000 won in the said car. Thus, the obligation to keep the said car for the purpose of security was created until the loan is repaid.

Nevertheless, on September 2012, the Defendant violated the foregoing duties and borrowed KRW 2,000,000 from a person who was absent from his name in the name, thereby acquiring pecuniary benefits equivalent to KRW 8,00,000 by transferring the said car to a person who was under his name in the name of collateral security, and incurred damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Copy of the register of automobiles;

1. A copy of the agreement of mid-to long-term ratio or loan;

1. Application of statutes to a copy of deposit statement;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;