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(영문) 수원지방법원 안산지원 2018.04.17 2017고단3075

업무상배임

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 1, 2016, the Defendant engaged in entertainment drinking places in the trade name of "E" in the victim C and Silung City D from April 1, 2016, and took charge of the operation of entertainment drinking places, facility management, and income management.

When the defendant disposes of the above amusement point as a chain in the same business, he must state it with the victim who is the partner, and notwithstanding the fact that there is a duty to receive a proper delivery of the disposition price, he violated his duty, and he transferred to F, a creditor of the defendant, a business right, including the whole house and lease of the above entertainment point, to F, a creditor of the defendant, at KRW 125 million on March 20, 2017, and acquired financial benefits equivalent to the above amount by arbitrarily offsetting the debt of the defendant to F, and then arbitrarily offsetting the amount of the transfer price, and caused damage equivalent to the above amount to the victim.

Summary of Evidence

1. Entry of the accused in the second public trial records and the testimony by the accused in court;

1. Statement made by the police against the victim;

1. Written complaint and the partnership contract;

1. Application of Acts and subordinate statutes to report on investigation (to hear and report the details of complaints filed by a complainant agent);

1. Relevant Article 356 of the Criminal Act, Articles 355 (2) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., agreement with the victim and circumstances in which the defendant has no criminal history);

1. Social service businesses under Article 62-2 of the Criminal Act;