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(영문) 인천지방법원 2014.07.07 2013고단963
배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 27, 2011, the Defendant purchased one truck of 698-11, and 102 to B modern 25 tons at the Dong-gu, Ansan-si, Dong Dong-dong Office, 698-11, and 102, and borrowed KRW 75,00,000 from the victim on the condition that the Defendant created a right to collateral security in the future of the victim Aju Capital Co., Ltd. for the above truck and repaid KRW 2,083,50 on the 25th of each month for 48 months.

Therefore, the defendant had a duty to preserve and manage the above truck which is the object of the right to collateral security for the victim until the purpose of the right to collateral security is realized, such as repaying the principal and interest of the loan.

However, from June 25, 2012, the Defendant began to delay the monthly payment from around July 2012, and around July 2012, the Defendant urged the victim to pay arrears or deliver a vehicle to execute the right to collateral security, and the victim was apprehended to implement the right to collateral security on the said truck, and on August 2012, the instant truck was concealed in the company’s parking lot located within C&D, and did not inform the victim of its location, thereby making it difficult or impossible for the victim to exercise the right to collateral security.

As a result, the Defendant acquired financial benefits equivalent to KRW 64,09,486, which is the principal and interest of the remaining loan, and caused the same damages to the victim.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A complaint;

1. The register of automobiles (B), written agreement on loans for automobiles (construction machinery), peremptory notice of the exercise of each right to collateral security, details of receipt of interest and interest on each time discrimination, and application of Acts and subordinate statutes governing

1. Relevant provisions of the Criminal Act and Articles 355 (2) and (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment, and the reasons therefor;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] category 1 (100 million won) and the basic area (4 months to 1 year and 4 months];

2. The amount of damage resulting from the instant crime is the maximum amount.

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