(영문) 수원지방법원 안산지원 2015.10.15 2015고단1061

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(영문) 수원지방법원 안산지원 2015.10.15 2015고단1061

배임

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A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2013, the Defendant purchased a pair of vehicles located in the Namdong-dong, Incheon Metropolitan City, 505-3, and borrowed KRW 2250,000 from the victim JBF Capital Capital Co., Ltd. and created a mortgage on the claim amounting to KRW 15,80,000,000 as the mortgagee for the said vehicle for security.

After October 1, 2014, the Defendant leased KRW 6 million from F to F in front of E in Silung-si, Silung-si, and delivered the automobile owned by him as security to F, thereby making the location of the said automobile unknown.

Accordingly, the defendant concealed the above car which is the object of the victim company's rights, thereby hindering the exercise of rights by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. An application for debate on automobile accident; and

1. Application of the motor vehicle register (A, B) legislation

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : (a) the area of mitigation (1 to 8 months) [Special Mitigation] / [including a serious effort to recover damage] / [Pronouncement Decision ] the vehicle is recovered after the crime of this case; (b) the victim company paid 5 million won to the victim company in good faith and agreed with the victim; (c) the victim does not want to be punished; (d) the defendant is aware of and reflects his own crime; (e) there was no record of punishment prior to the crime of this case; and (e) there was no other record of sentencing prior to the crime of this case; (e) the defendant's age, environment; (g) the background and method of the crime of this case; and (e) the circumstances after the crime of this case.

참조조문

-형법 제62조 제1항

-형법 제323조

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