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(영문) 대전지방법원 천안지원 2014.03.14 2014고정41
배임
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 6, 2008, the Defendant purchased C QM5 vehicles from the original Samsung-dong Samsung Motor Agent in the Dong-dong Samsungdong, Nam-gu, Seoul, and borrowed KRW 22,00,000 from the Korea Social Services Korea (States) of the Victim Alphari, and on May 8, 2008, established a mortgage on the said vehicle as mortgagee and the claim value of KRW 11,00,000,000.

Therefore, even though the Defendant had a duty to properly preserve and manage the said passenger vehicle which is the object of the mortgage until the object of the mortgage is realized, the Defendant borrowed KRW 5,000,000 from the non-registered bond company in the vicinity of the new-dong, Dong-dong, Dong-dong, Chungcheongnam-gu, Seoul, on July 2009, and provided the said passenger vehicle as security to the victim, thereby causing property damage due to the loss of the security.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the register of automobiles statutes

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

1. Articles 70 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;

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