logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.04.17 2018고단237
배임
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 23, 2013, the Defendant purchased BLTIMA 2.5 car in the name of the Defendant’s company for the sale of used cars at the time of the date of the loan around December 23, 2013 under the name of the Defendant’s attached C. The Defendant borrowed KRW 28,30,000 from the Defendant’s Hyundai Capital Co., Ltd. for the purchase of used cars from the Defendant’s Hyundai Capital Co., Ltd. for the first time. on December 24, 2013, the Defendant created a mortgage on the said car’s mortgage amounting to KRW 28,30,000 for the secured purpose. As such, the Defendant had a duty to keep the said car for the purpose of

Nevertheless, on December 2014, the Defendant borrowed KRW 5 million from a person who was dissatisfy in his name in violation of the above duties, and transferred the said car as security, thereby acquiring pecuniary benefits of KRW 5 million, and suffered pecuniary damages equivalent to KRW 28,300,000 from the bonds value to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A complaint, peremptory notice on the exercise of a right to collateral security against motor vehicles, a written application for heavy loan, and a register of motor vehicles;

1. Written statements of D;

1. C Application of Acts and subordinate statutes concerning the interrogation of suspect by the police station to the accused;

1. Article 355 (2) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to ten months from the scope of the recommended sentence (unlimited to the penalty);

2. In full view of all the sentencing conditions under Article 51 of the Criminal Act, including the fact that the defendant's decision of sentencing was based on and against his criminal act, the fact that the complaint was revoked by agreement with the victim, the amount of damage, the age, sexual conduct, environment, etc., the decision as ordered.

arrow