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(영문) 부산지방법원 동부지원 2017.12.21 2017고단2401
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2012, the Defendant purchased coos car from the trading company of a non-displacement vehicle in Daegu or lower Daegu under the name of the Defendant, and took out KRW 29,900,000 from the Defendant’s Hyundai Capital Co., Ltd. to cover the purchase price of a vehicle. On December 18, 2012, the Defendant registered the creation of a mortgage at the above car purchased by the Defendant as collateral with the mortgagee’s value of KRW 29,90,000,000. As such, the Defendant’s duty to keep the said car for the purpose of security until the loan is refunded.

Around January 2013, the Defendant borrowed KRW 7,500,000 from a person whose name cannot be known at a Daegu or does not violate the foregoing duties and transferred the said car to another person as security. The Defendant acquired pecuniary benefits equivalent to KRW 7,500,000 borrowed from a person who was unable to know the above name, and suffered damages equivalent to KRW 29,90,000 from the victim’s loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution ( Taking into account the favorable circumstances in which the sentencing is considered) is unfavorable under the following circumstances: (a) the victim’s arbitrary disposal of a motor vehicle that has set up a right to collateral security; and (b) the remaining debt amount is considered, but the liability for the crime is not minor; and (c)

However, it is more favorable for the defendant to recognize the facts charged and seriously reflects the facts charged, the defendant repaid a considerable portion of the collateral security debt, and deposited the victim with the trustor, and the defendant deposited the amount of 6 million won, and the first offender who has no record of criminal punishment.

. Other defendant.

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