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(영문) 수원지방법원 2015.09.10 2015고정1466
배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 30, 2010, the Defendant: (a) purchased D's car from the Hyundai Capital Co., Ltd. at the Hyundai Automobile C Branch in B building under the name of E; (b) completed a loan application to pay KRW 34,000,000 per month from the victim Hyundai Capital Co., Ltd. to pay KRW 34,000,000 per 36 months in order to cover the purchase price of a car; and (c) set up a right to collateral for the said car as collateral to pay KRW 34,00,000 per 36 months by the mortgagee; and (d) had the duty to keep the said car for the purpose of collateral until the loan is repaid.

On December 2, 2011, the Defendant acquired financial benefits equivalent to KRW 7,800,00 as the above debt amount and sustained damages equivalent to KRW 11,908,652 as the remainder of the loan to the victim by transferring the above vehicle, which was established by collateral security, to G without notifying the victim at the office E, Inc., Ltd. located in the Namyang-si, Inc., Ltd., and without taking all necessary measures for the registration of transfer under the Automobile Management Act or other relevant Acts and subordinate statutes.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application for and agreement on vehicle purchase loan, register of corporate register, claim list, and 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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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