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(영문) 수원지방법원 여주지원 2015.12.21 2015고단387
배임
Text

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

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

Reasons

Punishment of the crime

On July 28, 2011, the Defendant was sentenced to a suspended sentence of three-year imprisonment with labor for a special robbery in the branch court of Suwon District Court on July 28, 201, and the said judgment became final and conclusive on August 5, 201, and is currently under the suspended sentence.

On May 19, 2014, the Defendant purchased a car in the name D, which was attached to a car in the Nam-gu Incheon Metropolitan City B B B 221, and borrowed KRW 21.6 million from the victim, EF Savings Bank to cover the automobile purchase price, and on May 21, 2014, the Defendant registered the creation of a mortgage on the said car purchased by the Defendant as collateral with the mortgagee, EF Savings Bank, EF Savings Bank, Bonds Bank, and Bonds Amounting to KRW 21.6 million. Thus, until the loan is repaid, the obligation to keep the said car for the purpose of security was incurred.

On September 3, 2014, the Defendant borrowed KRW 6 million from a person who is unable to know his name in front of the post office located in the Seoul Special Metropolitan City-si, Gwangju Metropolitan City, and transferred the said car as security, in violation of the aforementioned duties.

As a result, the Defendant acquired the pecuniary benefits equivalent to KRW 6 million borrowed from a person who is not aware of the above name, and suffered a loss equivalent to KRW 21.6 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. A complaint;

1. Application of Acts and subordinate statutes, such as power of attorney and agreement;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and the selection of fines;

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

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not much high, that there is no agreement with the victim, and that the crime of this case was committed without being aware of during the suspension period, Defendant should be punished with strict punishment.

Provided, That the defendant confessions and reflects the crime, and the defendant is three years due to special robbery.

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