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(영문) 대구지방법원 서부지원 2018.02.07 2017고단1521
배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 2, 2010, the Defendant purchased 95 million won or more at the market price of 95 million won or more, and agreed to pay 3,921,39 won or more each month to 36 months for 36 months. On July 6, 2010, the Defendant registered the establishment of a right to collateral security with the mortgagee’s Republic of Korea-based social company and bond value of 95 million won or more. Thus, the Defendant had the duty to keep the said car for the purpose of security until the refund on the loan is made.

Nevertheless, on August 2010, the Defendant violated the above duties, and borrowed 38 million won from the person who was deceased on his name at the seat of the Daegu Suwon-gu Suwon-gu, which made it impossible for the Defendant to execute the mortgage by the social company of the victim by making it impossible to grasp the location of the car, and making it impossible for the Defendant to execute the mortgage of the social company of the victim by transferring it to him as security.

As a result, the Defendant borrowed 38 million won from a person who was in violation of his/her duty and acquired the same pecuniary benefits, and suffered damages equivalent to 95 million won from the value of the right to collateral security to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Details of collection of claims, a written agreement on asset trade, a computer review table, a written agreement on installment financing in heavy order, a notice of transfer of claims, and a detailed statement of transactions;

1. The register of each motor vehicle registration, the request for cooperation in investigation, the response to the request for cooperation in investigation, the investigation report (an investigation for confirmation of D address of representative C of a stock company), the investigation report (Attachment to a certified copy of the corporate registry), the application of the certified copy of

1. Article 355(2) and (1) of the Criminal Act regarding criminal facts, Article 355(2) of the Criminal Act, Article 355(2) and (1) of the Criminal Act, and Article 355(1) of the Criminal Act, which inflicted a large amount of damage on the victim for the reason of sentencing of imprisonment with prison labor, and most of the damage recovery was

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