logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2014.07.22 2013고단1003
배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 25, 2012, the Defendant purchased secondhand trucks E in the name of “F,” a mother of the D office located in Ansan-si, Ansan-si, in order to cover the purchase price of automobiles, borrowed KRW 97,00,000 from Aju Capital to cover the purchase price of automobiles. On June 7, 2012, the Defendant registered the establishment of a mortgage-backed security-based security-based security-based security-based security-based security-based security-based on the said truck purchased by the Defendant as security-based security-based. As such, the duty to keep the said truck until the loan is repaid arises.

Nevertheless, on September 2012, the Defendant borrowed KRW 20,00,000 from a person whose name cannot be known in G located in Asan, in violation of the above duties, and transferred the said truck as security.

As a result, the Defendant acquired property benefits equivalent to KRW 20,000,000 borrowed from a person whose name was unknown, and suffered damages equivalent to KRW 97,00,000 from the victim.

Summary of Evidence

1. Statements by the defendant in court ( those on the fourth trial date);

1. Each legal statement of the witness H and I;

1. An investigation report (to be accompanied by documents to be submitted by a complainant or proxy);

1. Application of Acts and subordinate statutes on loan, approval file, construction machinery register, construction machinery register, and motor vehicle delivery impossible protocol;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Article 62(1) of the suspended execution of the Criminal Act understood the meaning of the crime of this case at the latest and reflects all the facts charged, and the victim paid a total of KRW 99,230,106 to the defendant and the guarantor, by means of compulsory execution of real estate owned by the guarantor, etc., in excess of KRW 97,00,000,000, which are the principal of the crime as stated in the judgment, was repaid. In addition, at the request of the victim, the defendant paid KRW 7,572,69, which is the remaining principal, each month.

arrow