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(영문) 대구지방법원 서부지원 2018.06.21 2017고단2071
배임
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 15, 2016, the Defendant borrowed KRW 70 million from the Victim CFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF, and the Defendant transferred movable property equivalent to KRW 37.2 million at the market price of the Defendant’s computer set forth in the foregoing CFFFF, which was in the foregoing CFFFFFF, to the said victim as security.

Therefore, even though the Defendant had a duty to keep the object of the transfer collateral in accordance with the purpose of collateral until the repayment of the above obligation, he received 38 million won, including the above transfer collateral, from D and acquired 37,200,000 won and sustained 37,200,000 won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint and a substitute contract;

1. Investigation reports (D and telephone communications) (applicable Acts and subordinate statutes;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, even though the defendant was under the suspension of execution, committed the crime in this case without being involved in the crime, and the amount of the damage is reasonable, and the liability for the crime is not minor.

However, considering the favorable circumstances such as the defendant's awareness of the crime of this case, the victim's failure to punish the defendant after receiving reimbursement through joint and several guarantors, and the fact that the defendant has no record of punishment of the same kind.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.

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