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(영문) 서울북부지방법원 2015.08.26 2015고정983
배임
Text

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

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

Reasons

Punishment of the crime

On May 19, 2010, the Defendant purchased MF3 car 1 (C) at the Manosung Motor Vehicle Dowing Business Office located in Dobong-gu Seoul Metropolitan Government, and agreed to set up a collateral security interest on the said car as security to receive a loan of 16,800,000 won out of the purchase price from the victim Alcar Maisung Korea (hereinafter “victim”) (hereinafter “victim”), and to repay the loan in installments for the following 72 months.

On May 20, 2010, the Defendant registered the ownership of the said passenger car in the name of the Defendant, and the same year.

6. 10. 10. Inasmuch as the creation of a mortgage, which is the maximum debt amount of 8,400,000, has been completed, there was a duty to keep the said car for the purpose of collateral security until the repayment of the loan.

Nevertheless, on January 2014, the Defendant borrowed KRW 3,500,000 from a mutual disapproval loan company located in Incheon, which violated the above duties and acquired the above loan amounting to KRW 3,500,000, the above loan amounting to KRW 3,500,000, by transferring the above car as security, and suffered damages equivalent to KRW 8,40,000, the above car loan amounting to the damaged company.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Copy of installment financing and loan agreement;

1. Application of the register of automobiles statutes

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the Criminal Act and the choice of fines concerning criminal facts;

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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