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(영문) 의정부지방법원 고양지원 2014.12.18 2014고단2080
배임
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to imprisonment with prison labor and one year and six months at the Seoul Southern District Court on February 12, 2009 for occupational breach of trust, etc. and completed the execution of the above punishment on July 25, 2010.

【Criminal Facts】

On April 6, 2012, the Defendant: (a) borrowed 13 million won from the Victim Capital Co., Ltd. with the money to purchase the said freezing 14 million won from the said freezing c in order to purchase the said freezing c in the name of his/her husband, the Defendant agreed to repay the 593,160 won of the monthly principal and interest on the 14th of each month during the 30-month period; and (b) registered the establishment of a mortgage, the amount of which is KRW 9,100,000,000, in order to secure this, the said mortgagee was the said victim as the said victim; and (c) as such, the duty to keep the said freezing cn c in conformity with the purpose of the security by the time of repayment of the loan equivalent to the claim value.

Nevertheless, around May 2012, the Defendant borrowed 4 million won from a person who was not aware of his/her name at the underground parking lot in order to transfer the key of the vehicle, the registration certificate, the certificate of personal seal impression, and the certificate of waiver to the person who was not aware of his/her name as security.

Accordingly, the defendant acquired the property interest of KRW 4 million borrowed from the above person in the name of the defendant, and caused the victim with property damage equivalent to KRW 9.1 million in the value of the mortgage claim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement of H;

1. A copy of an application for an erroneous debate;

1. Details of the receipt of the principal and interest of disposable discrimination;

1. Automobile register;

1. A written decision on order to deliver a motor vehicle before applying for auction;

1. Previous convictions: References to criminal records (No. 16 No. Serials of Evidence), investigation reports (Attachment to judgments related to criminal suspects' occupational breach of trust, etc.);

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the Criminal Act and the choice of fines concerning criminal facts;

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

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