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(영문) 인천지방법원 2016.11.17 2016고합402
배임수재
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] Defendant B’s crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc. Violence) at an Ansan District Court’s Ansan Branch on May 15, 2012 (hereinafter “criminal record”) was sentenced to two years of suspension of the execution of imprisonment for six months, and the said judgment became final and conclusive on May 23, 2012. On June 17, 2014, this part of the crime of embezzlement was committed in Suwon District Court’s Ansan Branch on the part of the crime of embezzlement in the crime of violation of the Act on the Punishment of Violences, etc. (a collective, deadly weapons, etc. committed before and after the judgment became final and conclusive.

The crime of violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) in the suspension of the execution of the sentence of eight months of imprisonment with prison labor (hereinafter referred to as “the person subject to the judgment below”) is a crime committed on or around May 29, 2013, which was committed on or after the date of the final judgment of the person subject to the judgment below.

(hereinafter referred to as “the two preceding convictions”) who were sentenced to the suspension of the execution of eight months of imprisonment, respectively, and the said judgment became final and conclusive on June 25, 2014.

【Criminal Facts】

Defendant

A serving as the head of the Silified Center in the F Trading Complex from December 2008 to October 201, G Co., Ltd. (hereinafter “G”) located in the Silified City (hereinafter “G”) and served as the head of the Silified Center in charge of loan examination for the used cars selling company which entered into a loan business partnership agreement with the Silified Center (hereinafter “Silified Center”), and Defendant B entered into a contract for cooperation with the Silified Center in the above F Trading Complex after registering its business in the name of H within the F Trading Complex and operating the “I” as the used cars selling company.

1. Upon receipt of an application for a loan of the purchase price for used cars from a used cars dealer who has entered into a contract for a partnership with the Si Fire Center for loan business, the Defendant: (a) shall receive a sales contract for used cars; (b) a certificate of vehicle registration; (c) a certificate of vehicle ownership for vehicle owners; and (d) a certificate of vehicle performance records; and (c) determine the purchase price carefully in accordance with the market price of used cars; and (d) determine the loan amount equivalent to approximately

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