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(영문) 인천지방법원 2017.05.12 2016고단7840
배임등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 7840] On September 22, 2015, the Defendant purchased a Belgium car from “D” as its mother’s name in Seocheon-si C and 299, and borrowed 16 million won from the Victim KB Capital Co., Ltd., Ltd., Ltd., 295 at Suwon-si in order to cover the purchase price for a vehicle. On the same day, the Defendant purchased as the collateral and registered the establishment of a mortgage with “KB Capital Co., Ltd., Ltd., Ltd., and the bond value “8,00,000,000 won” as the mortgagee’s purchase on the same day. Thus, the duty to keep the said vehicle until the loan is repaid.

Nevertheless, on January 2016, the Defendant borrowed KRW 3 million from a credit service provider that is unable to know his/her name in the vicinity of the territory of the Seo-gu Incheon Metropolitan City and transferred it as security in violation of the above duties, thereby acquiring property benefits equivalent to KRW 3 million from the above credit service provider and causing damage equivalent to KRW 14.5 million to the victim’s balance of the loan.

[2017 Height 1525] No person shall transfer any access medium unless otherwise specifically provided for in any other Act.

Nevertheless, on March 15, 2016, the Defendant would be deemed to have fully repaid the amount of money that would have been extended to the previous loan service provider if the Defendant created one passbook and sent it to him/her in front of the Bupyeong-gu Incheon Metropolitan Government.

“The proposal received and accepted the proposal, and thereafter opened a new bank account (G) in the name of the Defendant, and then transferred passbooks, check cards, andOTP connected to the said account to the above person via Kwikset Service.

Summary of Evidence

[2016 Highest 7840]

1. Statement by the defendant in court;

1. A H statement;

1. Each investigation report (for example, 11, 12, 14) ;

1. A complaint, a written application for a second or second or higher debate, a letter of agreement on the second or higher debate, and the register of motor vehicles registration (2017 order 1525);

1. Statement by the defendant in court;

1. Each investigation report (each investigation report 8,9);

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;

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