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(영문) 전주지방법원 2018.08.13 2017고정494 (1)

배임

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From December 10, 2016, the Defendant promised to use and return the 2017 High 494 Up to December 10, 2016 to a person who worked at the site of the construction of a new restaurant for the D meat processing factory in Kim Jong-si, and to a person who was employed by the Defendant at the site of the construction of a new restaurant for the D meat processing factory in Kim Jong-si, and a person who was employed by the victim E in receipt of the physical card (F) from the victim E

The defendant paid the expenses of the body's occupation in accordance with the promise with the victim, and there was a duty to return the above body card to the victim.

On December 13, 2016, the Defendant, in violation of the foregoing duties, was provided with alcohol and food equivalent to KRW 600,000 from the “H main points” located in Kim Jong-si to the next day from around 20:00 on December 13, 2016, to the next day from around 04:14, and paid the price with the above physical card of the victim.

As a result, the defendant acquired property benefits equivalent to KRW 600,000 in the market price, and suffered damages equivalent to the same amount to the victim.

"2017 High 523"

1. On December 18, 2016, at around 18:00, the Defendant, as if he were to drink at the J restaurant located in Kim Jong-si, Kim Jong-si, deceiving the victim K as if he were to drink and calculate it, and then, the Defendant was provided with four motos and beer from the victim.

Accordingly, the defendant acquired property benefits equivalent to 62,000 won in total.

2. On December 19, 2016, the Defendant, at around 17:00, provided at the same place as in the preceding paragraph, the Defendant, at the same time and at the same time as in the same manner as in the preceding paragraph, provided the crypter and 11 bottled with the crypter.

Accordingly, the defendant acquired property benefits equivalent to 78,000 won in total.

Summary of Evidence

[2017 High 494]

1. Entry of the defendant in part in the first trial record;

1. Legal statement of E;

1. Statement made by the police with regard to E [2017 High Court Order 523];

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement protocol to K;

1. Article 355(2) of the Criminal Act applicable to the crime, Article 355(2) of the Criminal Act (Voluntary occupation, choice of fines) and Article 347(1) of the Criminal Act (the fraud, point of fraud).