(영문) 수원지방법원 2015.12.24 2015고단3075

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(영문) 수원지방법원 2015.12.24 2015고단3075

배임등

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

Reasons

Punishment of the crime

The defendant of "2015 Highest 3075" is a person who has operated the secondhand shop in the name of G from Masung City F to G Co., Ltd.

On July 11, 2013, the Defendant purchased a vehicle in the name of G Co., Ltd. at the office of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, 2014-23 Light Building 304, with H 25t T. In order to cover the purchase price of the vehicle, the Defendant obtained a loan of KRW 90,000,000,000,000 from the victim, and established a collateral security on July 16, 2013 with the maximum debt amount of KRW 54,00,000,000,000,000,000 won for the said vehicle. As such, the duty to keep the said vehicle until the repayment of the loan was made to the extent that the loan was made

On June 2014, the Defendant violated his duties at an unsound place, and transferred the said vehicle to the International Company J under the pretext of repayment of the obligation for KRW 30 million, thereby acquiring the pecuniary benefits equivalent to KRW 30 million and causing damage equivalent to KRW 57,557,970 in the balance of the loan to the victim.

On February 28, 2013, the Defendant agreed to pay KRW 2,140,600 per month for 48 months, MMW X6 vehicles owned by the victim Hyundai Capital Capital Capital Co., Ltd. at the L Sector Center located in Seongbuk-gu, Sungnam-si, Sungnam-si, and leased vehicles.

Around January 2014, the Defendant, while keeping the Defendant on behalf of the victim, provided the said G Co., Ltd. as collateral by borrowing KRW 20 million from N, and embezzled the amount equivalent to KRW 27 million at the market price of the said vehicle.

Summary of Evidence

"2015 Highest 3075"

1. Partial statement of the defendant;

1. Legal statement of the witnessO;

1. Partial statement of the witness P;

1. Investigation report (as to the I company in the statement of the defendant);

1. An application for loan;

1. The register of automobiles: 2015 Highest 3133;

1. Statement by the defendant in court;

1. Statement made by the police to Q Q;

1. A copy of an application for automobile lease;

1. The terms and conditions of modern capital car lease;