(영문) 대구지방법원 2016.04.21 2016고단572

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(영문) 대구지방법원 2016.04.21 2016고단572

배임

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2012, the Defendant purchased 34,590,000 won or more at the market price of 34,590,000 won or more, and received 28,000,000 won or more for the purchase fund of the victim (ju) Hyundai Macker social, to repay it to a installment (9,855 won or more per month) for 36 months, and provided it as security to the victim. In addition, on September 3, 2012, the Defendant purchased 1 share of 34,067,000 won or more at the market price and received 30,60,600,000 won or more from the damaged person, and provided it to the victim as security for 36 months or more (98,60,000 won or more per month).

Since the defendant provided the two preceding vehicles to the victim as collateral, the defendant has a duty to keep the preceding vehicle so that the injured person can collect the claim through the transfer collateral if the defendant could not repay the agreed installments in the future, so that the injured person can collect the claim through the transfer collateral, so that the value of the collateral is not reduced.

Nevertheless, the Defendant violated his duties, and the Defendant paid only 29 months of installment payments for the 6,112,260 won for the 1st share of the 29th share of the 20th share of the 6,112,260 share of the 6th share of the 26th share of the 26th share of the 26th share of the 20th share of the 20th share of the 9,411,172 share of the 9,410 share of the 26th share of the 20th share of the 20th share of the 20th share of the 20th share of the 48,657,00 share of the market value, which was offered as collateral for the 48,657,00 share of the 3,00 share of the 2nd share of the 3,00

As a result, the Defendant acquired financial benefits equivalent to KRW 15,523,432, which is the amount of secured debt by transfer collateral, and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application for each modern social product, application for a new purchase loan, and application of Acts and subordinate statutes on transfer security contracts;

1. Relevant provisions of the Act concerning facts constituting an offense;

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