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(영문) 전주지방법원 군산지원 2015.12.11 2015고단658
배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 20, 2013, the Defendant purchased Eros trucks in the name of the (ju) Tros trucks from the business office located in the Daejeon Daejeon Daejeon Daejeon Daejeon metropolitan office. In order to raise funds for the purchase of automobiles, the Defendant borrowed KRW 161,80,000 from Korea of social services rendered by the victim Mesophassbenz to borrow KRW 161,80,000 as the purchase price for vehicles. On the same day, on the same day, the Defendant registered the creation of mortgage on the said Actros trucks with mortgage amounting to KRW 178,100,000, the obligation to keep the said truck in accordance with the purpose of security was to keep it until the loan is repaid.

around August 2014, the Defendant, in violation of the aforementioned duties, transferred the instant truck to a person whose name is unknown at the Egynam-si’s rest area, after receiving KRW 30,000,000 from a person whose name is unknown, thereby acquiring pecuniary benefits equivalent to KRW 30,00,000 borrowed from a person whose name is unknown, and thereby causing damage equivalent to KRW 161,80,000 to the victim’s loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the details of filing a complaint and the register of automobiles (E), installment financing contract, report of impossibility of delivery of automobiles, installment charges and lease fees;

1. The pertinent Article of the Criminal Act and Article 355(2) and Article 355(1) of the Criminal Act on the grounds for sentencing [the scope of recommending punishment] [10 million won or more [1-50 million won]] and the basic area (1-3 years or less] of the Criminal Act (1-50 million won or more] [the decision of sentencing] all of the defendants recognize and reflects the criminal acts, and the fact that the defendant does not have been punished or has not been punished in excess of the fine for the same kind of crime in the past is favorable to the defendant, but the damage from the crime in the instant case is not recovered even if the amount of damage caused by the crime in the instant case reaches a considerable amount, and the vehicle is distributed along the vehicle in the process of the crime in the instant case,

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