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(영문) 수원지방법원 여주지원 2017.07.04 2017고단356
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 August 7, 2012, the Defendant purchased the “C” office operated by the Defendant, and entered into a contract for the installment sale of automobiles under the condition that the Defendant would pay KRW 731,684 per month to the Defendant’s Hyundai Capital Co., Ltd. (the transferee EPS Limited Company) and KRW 731,684 per month for 48 months, and around August 16, 2012, the Defendant established a collateral security right with the victim as the right holder of the said automobiles as the maximum bond amount of KRW 30 million,000,000,000,000 for the said automobiles to be kept in accordance with the security purpose.

Nevertheless, on August 2013, the Defendant violated the above duties and made it difficult to grasp the location by transferring the possession of the said vehicle to Samsung T&T at the Samsung T&T site on the ground of debt repayment, thereby making it difficult for the Defendant to implement the right to collateral security.

As a result, the Defendant acquired the above collateral security claim value of KRW 30 million and suffered the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement of the G production;

1. Application of a copy of an application form for automobile, and a copy of the automobile registration ledger;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Although the amount of damage caused by the sentencing of Article 334(1) of the Criminal Procedure Act is a large amount of damage, the injured party does not want the punishment of the defendant by making an agreement with the injured party so that the injured party does not want the punishment of the defendant, the defendant is committing a crime against his or her mistake, and other factors of sentencing, including the defendant's age, sexual behavior, environment, details and motive of the crime, circumstances after the crime, etc., are considered together, and the punishment as set forth in the Disposition above.

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