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(영문) 서울동부지방법원 2016.04.12 2016고정517
배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 3, 2013, the Defendant purchased the last car at the office located in the Haton Co., Ltd. located in Seoul Special Metropolitan City Hunju-ro 745-20, the Defendant borrowed 10,000,000 won from the company of Seoul, Gangnam-gu, for the purpose of securing the purchase price of the car, one victim located in the 8th floor of the 126 large building in the 126 large building, one of the 126 large buildings in the Gangnam-gu, Seoul, and registered the establishment of a mortgage on the said car purchased by the Defendant as collateral with one mortgagee, one of the bond value of 5,00,000,000 won. Thus, the duty to keep the said car until the loan is repaid.

Nevertheless, on December 2013, the Defendant borrowed KRW 3,500,000 from a person whose name is not known due to his/her violation of the above duties at a place where it was no longer known, and transferred the said car as security, thereby acquiring pecuniary benefits equivalent to KRW 3,500,000 borrowed from a person whose name is unknown, and thereby causing damage equivalent to KRW 5,00,000, which is the value of the said claim by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the head of a complaint, a copy of a written agreement of installment financing, a copy of a report not delivered by a motor vehicle, a detailed statement of deposit, and a copy of the

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 355 (2) and (1) of the Criminal Act that choose a penalty;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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