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(영문) 인천지방법원 부천지원 2017.09.28 2017고단1026
배임
Text

A defendant shall be punished by imprisonment for six 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 July 29, 2013, the Defendant purchased B K7 car from the shop selling used cars in the name of Incheon, and borrowed 25 million won from the victim Hyundai Capital Co., Ltd. as the purchase price, and offered the victim a mortgage of KRW 12.5 million with the bond value of the said car. Thus, until the object of the said mortgage is realized, the Defendant had the duty to properly preserve and manage the said car, which is the object of the said mortgage, for the victim, such as the full payment of loan, until the object of the said mortgage is realized.

Nevertheless, the defendant has violated the above duties and had a total of 23.6 million won or more for the principal of the installment against the victim.

around December 25, 2013, the bond company borrowed KRW 8.5 million from the bond company, whose personal information is unknown in the remote area located in Gangseo-gu Seoul Metropolitan City, etc. as collateral, and transferred all documents necessary for the disposition of the above vehicle, such as a certificate of seal imprint, etc. The vehicle thereafter suspended the repayment of installments to the victim, the bond company did not make any effort to identify the location of the above vehicle, as well as to ascertain the location of the bond company.

The Defendant caused property damage equivalent to KRW 12.5 million to the victim’s mortgage value on the said car by unfairly reducing the security value of the said car by making it unclear the location of the said car as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement (List 14);

1. Application of Acts and subordinate statutes of the Ministry of Finance and Economy (List 3), content certification (List 12), motor vehicle registration ledger (List 13);

1. Articles 355 (2) and 355 (1) of the Criminal Act and Articles 355 (1) of the Criminal Act concerning the crime, and the punishment of imprisonment;

1. Article 62(1) of the Criminal Act (a) of the suspended sentence (a) has no record of criminal punishment except for the confession, reflectivity, and the previous three times of a fine for a different species of punishment; and (b) has not been subject to any criminal punishment for the last eight to nine years; and (c) has deposited a sum of 12.5 million won equivalent to the

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