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(영문) 대구지방법원 포항지원 2018.02.07 2018고정17

배임

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 12, 2016, the Defendant received approximately KRW 570,000 per unit from the members of the 15 fraternity and paid to the members of the fraternity according to the order of deposit at a c restaurant located in Nam-gu, Nam-gu, Seoul, which he operated around January 12, 2016.

On February 10, 2017, the Defendant received the payment from the former members of the fraternity at the same place as above, and there was a duty to pay KRW 10 million to the victim D who paid the full payment of KRW 14.0 million.

Nevertheless, the Defendant did not pay the above fraternity money to the victim in violation of his duties, and took advantage of the purchase of materials materials materials at the above restaurant operated by himself at that time, thereby acquiring financial gains equivalent to KRW 10 million in the fraternity, and suffered damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to the table and the agreement of accounts;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 355 (2) and (1) of the Criminal Act that choose a penalty;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;