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(영문) 광주지방법원 목포지원 2019.08.16 2019고단151
배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2015, the Defendant purchased the 32,600,000 won from the victim FFFF Co., Ltd. in order to cover the purchase price for the forepepepepepecies, a non-registered credit service provider, and registered the establishment of a collective security right with the mortgagee FF Co., Ltd. and the claim price of 32,00,000 won on the security of the Defendant on October 8, 2015.

Therefore, the Defendant, as a debtor who is a debtor of the borrowed money and a mortgagee of the right to collateral security, kept the above-mentioned vehicle until the full repayment of the loan in accordance with the purpose of collateral, and provided the victim with the vehicle in arrears when intending to exercise the mortgage.

Nevertheless, the Defendant did not have the ability to repay the bonds even if the bonds are used due to the absence of any occupation or property, and even if the bonds are possessed to the bond company as collateral, there is no means to return the above bonds to the bond company. Around that time, the Defendant borrowed KRW 17 million from E at the credit business office office in Incheon Metropolitan City, in violation of the above duty, and transferred the bonds to the company as collateral. The Defendant acquired the pecuniary benefits equivalent to KRW 17 million and suffered economic damages equivalent to the exchange value.

Summary of Evidence

1. Defendant's legal statement;

1. The third protocol concerning the examination of suspect against the accused (including the E part of the statement);

1. A complaint and a supplementary statement of complaint;

1. Application of one of the Acts and subordinate statutes, such as a report on investigation (a sales contract to submit a complaint representative), sales contract, investigation report (Attachment to D's tea), tea, investigation report (Attachment to details of agricultural bank account transactions in the name of a suspect), details of agricultural bank account transactions in the name of a suspect, investigation report (report on the submission of a mid-term lease contract in the name of a suspect), and mid-term lease contract;

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

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