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(영문) 수원지방법원 안양지원 2013.10.08 2012고단1500
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in this case, the charge of breach of trust on October 16, 2009 shall be acquitted.

Reasons

(2) On August 2012, 2012, in violation of the duty, the Plaintiff transferred 34 million won and 34 million won as a son’s automatic presses against the Plaintiff’s duty to the Plaintiff.

As above, the defendant disposed of the above 5,3560,000 won of the appraisal, and acquired property benefits equivalent to the same amount, and caused the victim to suffer property damage equivalent to the same amount.

Summary of Evidence

"2012 Highest 1500"

1. Statement of the accused in the second protocol of trial;

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. Each statement ofO and P;

1. Each accusation and each investigation report "2013 Highest 81";

1. Statement of the accused in the second protocol of trial;

1. A protocol concerning the examination of the accused;

1. A protocol concerning the suspect interrogation of the accused;

1. Statement of the police statement of Q Q;

1. The complaint (including the attached part), investigation report (including the G counterpart investigation and attached part) * The defendant's defense counsel's assertion about the above facts charged * The defendant's defense counsel argues that the crime of breach of trust cannot be established on the ground that it is difficult to deem that the new bank of the victim, the secured party, suffered damage, such as loss of security right or reduction of collateral value, or risk of damage, as long as the defendant did not transfer possession to G through the method of occupancy and maintained the status of the defendant's possession.

However, according to the evidence above, the Defendant: (a) borrowed money from G to make payment one week after July 2012; (b) offered it as security; and (c) offered G to dispose of it voluntarily; and (d) offered that G would not raise a civil or criminal objection even if G, the creditor of the machinery in the plant, is subject to a voluntary disposition.

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