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(영문) 수원지방법원 2015.12.17 2015고정2858
배임
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to six months of imprisonment for a violation of the Child Welfare Act (child abuse) in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on April 23, 2015.

On July 16, 2013, the Defendant purchased Dsch Rexroth car at C office located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and borrowed KRW 41 million from the victims’ Saturdays social service Korea Co., Ltd. with the borrowed loan, and on the same day, registered as a collateral security establishment for the said car purchased by the Defendant as collateral with the mortgagee’s interest and the claim value at KRW 20,50,000,000, the Defendant had the duty to keep the said car for the purpose of collateral security until the loan repayment.

On November 23, 2014, the Defendant borrowed KRW 6 million from a credit service provider, whose name is unknown due to its violation of the above duties, and transferred the said vehicle to the security, thereby acquiring pecuniary benefits equivalent to KRW 6 million borrowed from a person whose name is unknown, and thereby causing damage to the victim’s loan equivalent to the amount of the borrowed loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation report of the fact that a detention house is in a detention house);

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (1) of the Criminal Act concerning criminal facts, the choice of fines (the punishment shall be determined in consideration of the amount of damage inflicted by the

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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