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(영문) 대전지방법원 천안지원 2017.10.19 2017고정609
배임
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 2, 2013, the Defendant concluded an automobile installment contract of KRW 10 million with Hyundai Capital of the Victim, and set up a right to collateral security, which causes KRW 10 million to the Defendant’s claim against the Defendant’s SM5 B car.

Therefore, the duty of the defendant to keep the above car until the repayment of the above installment was made in accordance with the purpose of the security.

Nevertheless, on July 2013, the Defendant violated his duties, provided the said car as collateral to a third party, whose name cannot be known at a loan office in the vicinity of the Gyeong-gu, Seocheon-gu, Seocheon-si, Seocheon-si, and offered the said car as collateral, and received a loan of KRW 3 million,000,000,000 from the Defendant.

As a result, the Defendant acquired the pecuniary benefits equivalent to KRW 3 million borrowed from a person whose name is unknown, and the victim suffered a loss equivalent to KRW 10 million (the amount of collateral security claim).

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, a supplementary statement to the complaint (C) and documents attached thereto;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 355 of the Criminal Act and Article 355 (2) and Article 355 (1) of the Criminal Act (Selection of Penalty) concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the background of the crime in this case; (b) the profits acquired by breach of trust and the amount of losses inflicted on the victim; (c) the Defendant has no record of criminal punishment except for four times of fines; and

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