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(영문) 춘천지방법원 강릉지원 2017.10.18 2017고단811
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 January 13, 2011, the Defendant purchased D class freight vehicles at a shill lower than the shill of Gangnam, and received KRW 15,700,000 from the victim Hyundai Capital Co., Ltd. to repay KRW 491,619 per month for 36 months, and agreed to pay KRW 15,70,000 per month from the victim Hyundai Capital Co., Ltd. to repay the above 491,619, and registered the establishment of a right to collateral security against the above cargo by the victim as security for the above obligation. As such, the duty to keep the said freight vehicle until it is returned on the loan

Nevertheless, on January 2013, the Defendant, while failing to repay all the loans, violated the above duties and provided the above cargo vehicle as security to E.

As a result, the defendant had E obtain property benefits equivalent to the above security value of the cargo, and suffered loss equivalent to the value of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger and investigation report (to hear statements from a witness E phone);

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. 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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