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(영문) 광주지방법원 2018.05.03 2017고단5636
배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around September 3, 2014, when the Defendant purchased a large-scale special vehicle from the Victim Hyundai Social Co., Ltd., the Defendant borrowed KRW 110,00,000 from KRW 2,891,324 each month on a condition that 48 months each be repaid. On September 4, 2014, the Defendant made a transfer registration of ownership on the said vehicle under his/her own name, and entered Empis, Co., Ltd. on September 18, 2014, and made an ownership transfer registration under the name of the said company on September 23, 2014; thereafter, on September 23, 2014, the Defendant created a mortgage settlement of KRW 77,00,000,000 for the victim company as collateral, the Defendant had the duty to retain the said vehicle for the victim company until repayment of the above loan principal, and the Defendant acquired the remainder of the vehicle at KRW 00,000,000,000 as collateral for the Plaintiff’s name and interest at 0.

The written indictment contains the victim's "Mo Capital Co., Ltd." and the registration date of the establishment of the right to collateral security " September 3, 2014" and the amount of damages "loan 110,00,000 won" respectively. However, the summary of the evidence is determined that even if the written indictment is acknowledged without the amendment procedure, it would not harm the identity of the facts charged or substantially disadvantage the defendant's defense right.

1. Partial statement of the defendant;

1. A protocol concerning the public prosecutor and the police interrogation of the accused;

1. A copy of the subsidiary financial agreement to be provided;

1. Application of Acts and subordinate statutes to copies of the Motor Vehicle Registration Register;

1. The relevant legal provisions of the criminal facts and the reasons for the sentencing of Articles 355(2) and 355(1) of the Criminal Act (the choice of imprisonment) [the type of decision] type 1 (the period less than KRW 100 million) (the decision in the sphere of recommendation] basic field [the scope of the recommended punishment] from April to April 1.

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