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(영문) 광주지방법원 2013.05.01 2012고단4940

업무상배임

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around March 15, 2011, the Defendant organized a 20 million won number system composed of 20 old units, in which the terator, etc. shall be deposited in the E-cafeteria located in Gwangju-dong, Gwangju-gu, by using the terator, etc. as its source, around March 15, 201. The victim F and the victim G are the members of the 20 million number system, and the victim H (name I) is the 7 old units of the above number system and the 9 old units.

1. From April 21, 201 to October 17, 2011, the Defendant received KRW 16,000,000 from the Victim H for seven occasions in total, up to seven times, the payment of the accounts to the previous accounts Nos. 7 and 9, respectively. As such, the Defendant had a duty to pay KRW 20,00,000,000,000 to the victim on September 15, 201 (No. 7) and November 15, 201 (No. 9).

Nevertheless, on October 17, 201, the Defendant violated the above duties, paid only KRW 10 million to the victim for the foregoing seven accounts, and did not pay KRW 20 million for the remainder of KRW 10 million for the old accounts and KRW 9,000 for the previous accounts. As such, the Defendant acquired property benefits equivalent to KRW 30 million at the time of the payment of each of the foregoing accounts, and sustained damages equivalent to the same amount to the victim.

2. From April 21, 201 to November 15, 2011, the Defendant received 4.5 million won in total from the Victim F for the payment of the amount of KRW 10 to KRW 4.5 million in total, nine times in the amount of the share of the former 10 units from the Victim F during eight times. From April 25, 201 to December 15, 2011, the Defendant received KRW 4.5 million in total, nine times in the amount of the share of the former 10 units from the Victim G during eight times from April 25, 2011 to December 15, 2011. As such, the Defendant had a duty to pay KRW 10 million in total to the victims on December 15, 2011.

Nevertheless, on December 15, 2011, the Defendant violated the above duties and did not pay the above guidance money to the victims, thereby acquiring a total of KRW 20 million and causing losses to the victims each time.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness H, F, G, and J’s legal statement 1.