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(영문) 대전지방법원 2018.02.08 2017고단4479
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2012, the Defendant purchased EA6 car in the name of F, the Defendant’s wife in Seo-gu, Daejeon, Seo-gu, Daejeon, under the name of F, the Defendant borrowed KRW 28.9 million from the Defendant’s Hyundai Capital Co., Ltd. to cover the purchase price of the car, and on the same day, registered the establishment of a right to collateral security with the mortgagee’s Hyundai Capital Co., Ltd., bond value of the said car purchased by the Defendant as collateral at KRW 28.9 million. As such, the duty to keep the said car until the loan is refunded for the purpose of collateral.

Nevertheless, on April 2013, the Defendant borrowed KRW 20 million from G in violation of the aforementioned duties, and transferred the said passenger car as security at an unsound place, thereby acquiring property benefits equivalent to KRW 20 million borrowed from G, and thereby causing damage equivalent to KRW 289 million in the value of the right to collateral security to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A H statement;

1. Complaint;

1. Application of Acts and subordinate statutes to report an investigation (the current status of payment of installments to be loaned by a suspect);

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that the defendant is unable to agree with the victim, the victim's punishment is desired, the defendant's efforts are insufficient to recover full damage, the defendant has many records of punishment for a double-class crime, etc. (Article 7,884,520) that are disadvantageous to the defendant, or is likely to seriously reflect the defendant by recognizing the crime of this case, and some of the defendants out of the collateral security obligations (Article 7,884,520) are deemed to have been repaid through installment payment, the defendant supports two children who are the wife and minor, who are the full-time father of the defendant's occupation, the defendant has no criminal record,

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