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(영문) 수원지방법원 안산지원 2016.06.24 2016고정617
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 June 21, 2013, the Defendant agreed to pay KRW 400,440 per month in equal division of principal and interest between 36 months after receiving a loan of KRW 11 million from the Ethachi Dok Capital Co., Ltd., in order to purchase coo-dong 303-dong 303-dong Haan-dong 303-dong Haan-dong-dong 303-dong Haan Motor Vehicle Sales Company with a loan of KRW 11,00,000,000 for the above loan as collateral for the above loan, and on June 22, 2015, the Defendant established a collateral security right of KRW 1,100,000 for the above loan as collateral for the above loan and transferred the victim’s desired asset loan management (share). Thus, until the repayment of the loan is completed, the Defendant’s duty was to keep the above vehicle for the victim’s company.

Around that time, the Defendant borrowed KRW 4 million to a nominal bondholder in violation of the above duties, and provided the said car as a collateral for the borrowed money, thereby losing the security value of the said car, thereby acquiring property benefits equivalent to KRW 11 million and causing damage to the victim company equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (Supplement of Complaints) made by the police against C;

1. A complaint filed against D in relation to the loan and management of assets desired for the desired one;

1. Application of Acts and subordinate statutes to a contract for asset purchase and sale, application for loans for heavy (motor vehicles or construction machinery) and summary payments, a motor vehicle registration ledger, a request for the return of a motor vehicle, a notice of transfer of claim, and details of installment payments

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 355 (2) and (1) of the Criminal Act that choose a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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