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(영문) 전주지방법원 2015.07.23 2015고정333

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

On January 201, 201, the Defendant was the owner of the 26 foot 26 unit number system organized at the office of the Defendant located in the former North Korea-gun, and the victim D was the owner of one unit of the 9th unit, one of which is deposited by the land owner located in the name omitted.

On February 21, 2013, when the Defendant received KRW 40 million from the members of the fraternity from the said Defendant’s house on February 21, 2013, the Defendant violated his duty to pay KRW 40 million to the victims of the fraternity members D, which was designated to receive the fraternity payment on that day, and did not pay the fraternity payment on account of the violation of his duty, and thereafter, acquired the pecuniary benefits equivalent to KRW 40 million by using the Defendant as the fraternity payments of other fraternitys in which the Defendant is a leader at that time, and incurred damages equivalent to the said amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 355 (2) of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was agreed with the defendant, and there was no history of punishment heavier than the fine. However, the amount of damage in this case is the maximum amount of the fine, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., as a whole, the sentencing conditions under Article 51 of the Criminal Act as stated in the records of this case, including the circumstances after