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(영문) 인천지방법원 2020.09.11 2020고단3238

업무상배임

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

around May 8, 2018, the Defendant was requested by the law firm located in Mangdong-gu B of Mangdong-gu to exchange the victim's crypt as the crypcoin, and entered into a contract to exchange the victim's crypcoin with the victim's crypcoin until May 9, 2019, which is the expiration date of the contract term, and has been engaged in the management and custody of the victim's crypcoin from around that time.

Accordingly, until the purpose of the above contract is achieved, the defendant has a duty to faithfully manage and keep the above interest for the victim or to use it in compliance with the purpose of the contract.

Nevertheless, in violation of the above occupational duties, the Defendant exchanged 200 out of 2,400 victims' interest rates paid to D, a purchase business entity, and used them as business expenses, living expenses, etc. or disbursed them as other virtual currency investments.

As a result, the Defendant acquired economic benefits equivalent to KRW 166,740,000 of the market price ( KRW 833,700 per market price around May 8, 2018) and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (C substitute interrogation);

1. Statement to C by the police;

1. A supplementary contract for supply of goods;

1. Application of Acts and subordinate statutes concerning money borrowed, and notarial deeds;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to ten years from the date of imprisonment in the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Embezzlement and misappropriation of a decision-making embezzlement and misappropriation (type 2). At least 100 million won, and less than 500 million won;

(b) Mitigation elements for special persons who are sentenced to punishment: No punishment shall be imposed;

(c)the recommended territory; and