beta
(영문) 서울중앙지방법원 2019.02.13 2018고정1967

배임등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

When the members of the fraternity pay the fraternity in two years each month, the defendant is the owner of the "one gold system" and the "friendly gold system", which is the chron system that pays the fraternitys in accordance with the sequences other than the fraternitys, and is obligated to pay the amount that all the members of the fraternity have paid by the sequences.

1. From January 2012 to April 30, 2014, the Defendant, in breach of trust, had a duty to receive 200,000 won per month from 28 members of Gangnam-gu Seoul Metropolitan Government C apartment residents, including the victim B, and to pay the fraternity to each person who reaches each sequence.

Nevertheless, around April 2014, the Defendant did not pay the amount of KRW 5 million to be paid to the victim by the sequences of the victim B and consumed the amount of his personal debt around that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 5 million, and suffered damages equivalent to the same amount from the victim.

2. Around June 2014, the Defendant made a false statement to the victim B, stating, “The Defendant would operate the so-called system by which 450,000 won per month was paid to 23 residents of Gangnam-gu Seoul apartment residents from April 2016 and paid the fraternity to the persons from each sequence.”

However, at the time of fact, the defendant was liable for a large amount of personal debt, and there was no intention or ability to pay the amount to the members of the fraternity who received the payment from the members of the fraternity.

Nevertheless, the Defendant had the victim B join the No.S. system, and received eight times a month from around that time to January 2015, and 3.6 million won a sum of 4.5 million won a month from that time.

Accordingly, the defendant deceivings the victim as above and obtained a total of 3.6 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of B and D;

1. Application of Acts and subordinate statutes to a copy of an account book and a written confirmation;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

참조조문