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(영문) 인천지방법원 2020.10.15 2020고정1149

배임

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates the "B" house, and is the subject of the number system comprised of 5 million won in the fraternity and 10 members in the old unit, and the victim C is a member who has joined the relevant system.

The defendant from March 5, 2019 to the same year.

9. By May 1, 200, 500 won each month, the victim received the payment from the victim in total seven times in total, and there was an obligation to pay 5 million won to the victim, which is the No. 8 cause.

Nevertheless, the defendant did not pay the fraternity to the victim in violation of his/her duties and acquired the pecuniary benefits of KRW 5 million without paying the fraternity, and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (to make statements, such as D, etc. for reference);

1. Relevant Article 355 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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