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(영문) 부산지방법원 2016.09.19 2016고단3987
배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 26, 2014, the Defendant offered the PC 139 sets and other equipment in the PC as collateral in the “CPC” room for the Defendant’s operation of the Defendant located in B and 5 stories at the time of macroscoping around September 26, 2014.

In such a case, the Defendant, even though there was a duty to keep the collateral so that the victim can achieve the purpose of the collateral until the full repayment of the loan, violated his/her duty and sold the collateral to a middle and high PC business operator for KRW 27 million on June 2015.

As a result, the Defendant acquired financial benefits equivalent to KRW 53,717,867 of the remaining loan principles, and caused a loss equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint;

1. Application for non-financial loans to be provided in general, certificates of process in lending and borrowing contracts with collateral for transfer, and ledger of overdue loan management;

1. Application of Acts and subordinate statutes governing tallying photographs;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as reasons for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Type 1 (4 months to 100 million won) of the basic area (4 months to 1 year and 4 months) / None of the persons subject to special sentencing] [decision of sentence] The amount of damage in this case is large and no special measures for recovery from damage in this case are taken. However, the defendant has no record of committing the same kind of crime and reflects the defendant, and the circumstances leading to the crime in this case

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