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(영문) 수원지방법원 2015.10.15 2015고단2688
배임
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 15, 2014, the Defendant borrowed KRW 9,900,000 from the victim Non-Faman Capital Co., Ltd. in order to raise the purchase price in the Defendant’s wife D’s purchase of the Ekoneex in the name of the Defendant’s wife, and on the 16th of the same month, registered the creation of a mortgage with the mortgagee Non-Fa Capital Co., Ltd., the claim value of KRW 4,950,00,00 for the above passenger vehicle purchased as collateral. As such, the Defendant’s duty to keep the above passenger vehicle for the purpose of securing the loan until the repayment of the loan occurred.

However, on July 2014, the Defendant, in violation of the above duties, borrowed KRW 1,400,000 from Sungnam branch office in the above auction consulting office, and delivered the above van as security.

Accordingly, the Defendant acquired property benefits equivalent to KRW 1,400,000 from the above borrowed money, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of an application for installment financing and the register of automobiles Acts and subordinate statutes;

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the Criminal Act and the choice of fines concerning criminal facts;

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

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