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(영문) 대구지방법원 포항지원 2017.11.30 2017고단1180
배임
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 15, 201, the Defendant purchased 1 car from DCoin in the gas station C located in Daegu-gu Office B in the name of the Defendant’s wife E, and borrowed 26,700,000 won, which is the purchase price for the said car, from the Defendant, one of the victims, to raise funds for the purchase of the said car.

The agreement on the loan was concluded between July 15, 201 and July 15, 2015 on the condition that the loan be repaid by dividing the 657,480 won per month between 48 months and the 657,480 won, and as a security, the contract was concluded on the said vehicle with the victim company as the right holder of the right to collateral security and registered the establishment of the right to collateral security around June 22, 201. As such, the above CoCo had a duty to keep the automobile for the purpose of collateral security until the loan is refunded.

Nevertheless, on September 10, 201, the Defendant, in violation of the above duties, transferred the said car to secure the obligation, which was borrowed from the obligee without his name, at the office located in the said gas station, without paying all the principal and interest, thereby causing property damage to the victim company due to the loss of security.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of domestic written agreement, articles dealt with in a new installment, an automobile registration ledger, the current status of loans deposited under Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] 1 type (less than 100 million won) [No person subject to special sentencing] / [Determination of sentence] / The defendant has committed a mistake in the confession of the facts charged in the instant case while making a confession of the facts charged, and the defendant has no particular criminal record in addition to a fine once, the defendant has committed a crime, the circumstances leading up to the crime, the amount of damage, the defendant's age, environment, and sexual conduct, taking into account all the various circumstances constituting the conditions for sentencing as shown in the instant pleadings.

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