(영문) 인천지방법원 부천지원 2017.09.15 2017고단1125

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(영문) 인천지방법원 부천지원 2017.09.15 2017고단1125

배임

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant entered into a installment financing contract with the Defendant to pay KRW 2,410,010 for the principal and interest between 12.90% per annum on a loan of KRW 90,000 per annum and 48-month interest rate, and set up a mortgage on the said vehicle to sell the said vehicle as an auction procedure if the Defendant could not repay its principal and interest to the Defendant, and as the mortgagee is the victim (as the bond value of KRW 63,00,000,000), the mortgagee is the victim (as the bond value of KRW 63,00,000).

Therefore, the defendant had a duty to preserve and manage the above vehicle, which is the object of the mortgage, for the victim until the purpose of the mortgage is realized, such as repayment of the principal and interest of the above loan.

Nevertheless, it is difficult for the Defendant to pay the principal and interest of the Defendant due to the aggravation of the economic situation around November 2014, thereby making it difficult for the Defendant to conduct a mortgage execution by reporting the advertisement of banner, such as “large, scrapped, and the settlement of the seizure vehicle,” and communicating the name to the party in default, and delivering the said vehicle free of charge to the party in default, thereby making it difficult or impossible for the Defendant to identify the location of the victim.

As a result, the Defendant stated in the indictment of KRW 63,00,000, which is the value of the mortgage claim, KRW 71,628,838, which is the remaining installments, as the amount of damage. However, the amount that the victim could have been compensated by the instant vehicle is deemed to have been 63,00,000, which is the value of mortgage claim, so this amount is recognized as the amount of damage amount.

The victims acquired considerable financial benefits and suffered the same amount of damages as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to E, F, and G;

1. A H statement;

1. Original Register of Automobile Registration;

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of an application for debate and a copy of an agreement of debate;

1. Criminal facts;

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