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(영문) 대전지방법원 2016.06.22 2015고단3225
배임
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2] On April 30, 2010, the Defendant was sentenced to two years of imprisonment due to fraud, etc. at the Gangnam Branch Branch of the Chuncheon District Court, and on May 27, 2010, the Defendant was released from the Gangnam Prison on August 12, 201 after having been sentenced to three months of imprisonment due to fraud. On September 29, 201, the parole period expired on September 29, 201. On August 12, 2014, the Daejeon District Court’s official branch was sentenced to two years of imprisonment due to fraud, etc., and the said judgment became final and conclusive on April 3, 2015.

[2] On February 21, 2012, the Defendant registered the establishment of a mortgage of KRW 25 million with the mortgagee's capital and the bond value of KRW 17.5 million on the said car purchased by the Defendant as collateral, and thus, the Defendant has the duty to keep the said car for the purpose of security until the loan is repaid, in accordance with the purpose of security. The Defendant is obliged to preserve the said car until the loan is repaid.

On October 2012, the Defendant borrowed KRW 8 million from a person who was unable to know his name in the room where the head office of Daejeon Etel could not be known, in violation of the above duties, and transferred the said car as security.

Accordingly, the Defendant acquired the above loan amount of KRW 8 million, and suffered a loan amount of KRW 17.5 million from the victim, thereby causing property damage equivalent to KRW 17.5 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by C by the witness in the third public trial protocol;

1. Partial statement concerning C in the protocol concerning the interrogation of suspect; and

1. Statement made by the police with regard to F;

1. A written application to be fluored upon the issuer, the details of receipt of principal and interest on a disposable discrimination, the decision to support the Cheongju District Court Decision G Decision, the register of automobile registration, the protocol of non-delivery of automobiles, the certificate of seal imprint, and the employee seal impression;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions of each disposition, and reporting of the results;

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