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(영문) 대구지방법원 2017.06.23 2017고정922
배임
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 12, 2012, the Defendant purchased cubs car in the name of his father C from a used vehicle trading company in which it is difficult to know the trade name in the Dong-ri, Seogu, Daegu-gu, under the name of his father, and registered the establishment of a mortgage at KRW 43,00,000 with the purchase fund of KRW 43,00,00 from a mid-term social company (a mutual "case cubs capital company" after the change) of the victim's Republic of Korea at the 42-30 M 103, Seo-gu, Daegu-gu, to cover the purchase fund for the car at the 13th of the following month, which was purchased by the Defendant as security.

Accordingly, the Defendant borrowed KRW 20,00,000 from the person in the name in the new-dong of Daegu-gu, Daegu-gu from January 2, 2014 to February 2, 2014, which was the duty to keep the said car for the purpose of securing the loan until the refund on the loan, and the Defendant could not be able to exercise the right to collateral security by transferring the car as security, so that the location of the car can not be known.

Accordingly, the defendant violated his duties and caused damage to the victim to lose his security interest.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed in D;

1. A complaint letter, proxy letter, asset trading contract, transfer certificate, and a certified copy of the corporate registry;

1. Details of deposit, proof of contents, examination table, application form of a second half half half of a loan, business registration certificate, and certificate of tax payment;

1. Decision on a payment order or commencement of auction;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger (A, B);

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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