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(영문) 인천지방법원 2017.01.12 2016고단7771
배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year’s imprisonment for embezzlement at the Incheon District Court on April 21, 2016, and the judgment became final and conclusive on July 26, 2016.

【Criminal facts】 The Defendant is the actual operator of the “LPC room” on the second floor, Nam-gu, Incheon Metropolitan City.

On March 19, 2015, the Defendant borrowed KRW 120,000,00 from the Hyb Savings Bank to pay KRW 4856,190 each month from April 19, 2015 to 30 months, and entered into a contract for collateral transfer with the content of providing 120,000,000 won of the purchased price as collateral to the victim as collateral.

In accordance with the above transfer collateral agreement, the defendant shall keep the object of security so that the victim can achieve the purpose of the security, and there was a duty not to dispose of it unfairly, destroy, damage, or otherwise to reduce the value of the security.

On September 2015, the Defendant violated the above duties and disposed of 120 computers, the object of which is the object of the transfer security, to the name-oriented middle-IC near Gyeyang-gu, Incheon Metropolitan Gyeyang-gu.

Accordingly, the defendant acquired property benefits equivalent to 57 million won of the above transferred collateral object, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of M;

1. Statement made by the police with respect to the N;

1. M business registration certificate, application for loan and credit investigation report, estimates of computers and peripheral devices, written agreements on credit transactions, transfer guarantee contracts, installation confirmation documents, recording records, proxy records, presentation of evidentiary data, investigation report (N telephone conversations by a complainant representative), and investigation report (establishment of a Kasp Computer);

1. Previous convictions: Inquiry into criminal history data, investigation report (verification of suspect fraud records), summary order and text of judgment, investigation report (verification of suspect's embezzlement records), judgment text, and application of Acts and subordinate statutes;

1. Criminal facts;

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