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(영문) 인천지방법원 2018.08.23 2017고단9024

배임등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant in breach of trust is a member of the clan C (hereinafter “victimd clan”).

On March 28, 2012, the Defendant, within the “F” office of the E’s operation in the Dong-gu Incheon Metropolitan City, and around January 2012, the damaged species, the Defendant acquired the above “F” company under the name of clan G, but the Defendant acquired the above F Company’s license and all of the above logistics business license from E, which is the operator of the above F Company, in accordance with a resolution of the Defendant in charge of overall control. As such, the Defendant had the duty to transfer the above logistics business license in the name of G and to operate the logistics business after obtaining the above logistics business license from the entire business facilities.

On May 1, 2012, the Defendant kept documents related to the transfer and acquisition of a license for the above "F" Kwikset Service Distribution Business from E at the above office, and transferred the above F Business License to H without registering the above F Business License in the name of clan G, according to the resolution of the damaged clan, and had H transfer the above F Business License to the above F Business License in the name of H at that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 21 million as an act in violation of his duties, and suffered property damages equivalent to the same amount from the damaged clans.

2. On May 21, 2012, the Defendant arbitrarily withdrawn KRW 1 million from the passbook in the name of G, which is the ownership of the damaged clan (Account Number: I) managed by the Defendant for the operation of Kwikset service business in the Nam-gu Incheon Southern Bank on May 21, 2012, and arbitrarily used KRW 32.5 million from the victim’s deposit account among the victim’s small species managed by the Defendant from that Si to July 17, 2012, such as using one million from the passbook in the name of G, which is the ownership of the damaged clan, and then using one million from that city’s own gambling debts in the city of Incheon, the Defendant arbitrarily released KRW 32.5 million from the victim’s deposit account among the victim’s small species managed by the Defendant from that Si to July 17, 2012.

Accordingly, the defendant is kept in his custody.