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(영문) 대전지방법원 2016.07.15 2015고단2847

배임

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. On March 26, 2010, the Defendant: (a) on March 26, 2010, in breach of trust with respect to the number fraternity 90 million won, paid 3 million won per 26th day of each month at the restaurant of “F” located in Daejeon Dong-gu, Daejeon; and (b) on May 26, 2012, the Defendant was organized with a total of 3,90,000 won per month, including the interest rate of 90,000 won, after the receipt of the fraternity except for the two preceding units (1,20,000 won per month); (c) on the same day, the Victim G joined the two preceding units No. 28 and 31, and paid 600,000 won per month by May 26, 2012.

The Defendant: (a) borrowed KRW 30 million from H on February 13, 201; (b) around February 13, 201; (c) around February 13, 201; (d) around February 201, 200; (d) around February 27, 2012; (e) around February 27, 201; (e) around KRW 20 million from K of the fraternity; and (e) around March 26, 2012 from KRW 3,00,000 from KRW L of the said fraternity; and (e) decided to pay the said KRW 30 million on January 26, 2012 to pay the said KRW 30 million to the victim, which is the date on which the victims received the said KRW 30 million; and (e) was obligated to pay the said KRW 26,000,000 to the victim, respectively.

Nevertheless, on June 26, 2012 and September 26, 2012, the Defendant violated his/her duties, and did not pay the victim a total of 538 million won of the paid-in capital on behalf of the above members of the fraternity without justifiable grounds, thereby obtaining property gains equivalent to the same amount, and suffered property damage equivalent to the same amount to the victim.

B. On November 13, 2010, the Defendant in breach of trust related to the number system, which is KRW 50,000,000,000 won, paid KRW 2.5 million per month on the 13th day of each month at the N’s restaurant located in the same Gu M, except for the 2nd unit (1............) of the 2nd unit of the guidance, and after the receipt of the guidance money, the Defendant organized the 50,000,000 won per 21 unit of the 21st unit of the payment with interest added to the 50,000,000 won, and the victim G signed the 21th unit of the above 21th day and paid KRW 2.5 million each month on May 13, 2012.

Defendant is the cause of the above number system.