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(영문) 울산지방법원 2012.03.15 2010고단2417

배임

Text

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

Reasons

Punishment of the crime

around September 2007, the Defendant of Gyeyang-gu, Incheon Metropolitan City, 101-dong 201-dong 201-dong 201-dong 30,000 won per unit of 21 foot 21.0 million won.

From September 2007 to January 25, 2009, the Defendant received or remitted a monthly payment of KRW 20 million from the members of the above number fraternity at the Defendant’s home. During the above period, the Defendant received a total of KRW 18 million from the victim D as the deposit amount even during the said period, and thus, on March 25, 2009, the Defendant had the duty to pay KRW 20 million to the victim, who was making a payment from March 25, 2009.

Nevertheless, the Defendant did not pay the funds to the victim in violation of his duties, and around that time took property gains equivalent to KRW 18 million from the victim by consuming personal debt repayment and living expenses, etc. at the Defendant’s residence, etc., and suffered damages equivalent to the same amount.

"2010 Highest 3292"

1. The Defendant, even if having borrowed money from the victim E, received or remitted a total of KRW 28,350,000 from the victim five times from June 22, 2008 under the same name as indicated in the separate sheet of crime from the victim, on July 17, 2007, stating that “if the Defendant borrowed KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, or 1,000,000,000 won, from the victim to the victim.

2. The Defendant believed that, around August 5, 2008, the Defendant’s fraud against the Victim F, at the Defendant’s house located in Gyeyang-gu Incheon Gyeyang-gu 101 Dong 201 Dong, the Defendant stated that “G’s wife’s wife is absent from the university registration amount, and would have paid off the amount after lending KRW 3 million to the university registration amount.”