(영문) 의정부지방법원 고양지원 2016.10.27 2016고단2555

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(영문) 의정부지방법원 고양지원 2016.10.27 2016고단2555

배임

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A defendant shall be punished by imprisonment for four 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

The Defendant is a person who operated a “Ecar P” in the wife population D in Young-si.

On February 24, 2015, the Defendant prepared a notarial deed and a certificate stating that “10 million won borrowed from the victim F shall be repaid until March 25, 2015,” and that “in order to secure this, all the house and sound equipment within the country shall be transferred to the victim.” As such, the Defendant provided the victim with the said house and sound equipment as security for transfer, the Defendant had a duty to faithfully manage the said security so that the purpose of the security can be achieved.

Nevertheless, on November 21, 2015, the Defendant violated his duties, and transferred to G seven ampers, such as Rosterers, among the above collateral, and seven ampers, such as ampers, ampers, and ample ample ample ample ample ample ample 1.5 million won, thereby causing damage to the victim’s property damage equivalent to the above amount and acquiring pecuniary profits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is poor in that the defendant arbitrarily disposes of the security without prior consultation with the victim, the punishment as ordered shall be determined by taking into account the following factors: (a) the fact that the defendant has caused the crime of this case due to economic difficulties; (b) the amount of damage assumed from the consideration of the disposal of the security; (c) the recovery of claims by the victim is possible in civil means; (d) the defendant has no same criminal record and has no record of punishment since 2003; and (e) the defendant

참조조문

-형법 제62조 제1항

-형법 제355조 제2항

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