beta
(영문) 울산지방법원 2016.11.10 2015고정808

배임

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On June 2, 2012, the Defendant is the subject of the winning bid in the amount of KRW 16,000,000 in total, organized in the D cafeteria located in Ulsan-gu, Ulsan-gu. Ulsan-do.

On September 2013, the Defendant received KRW 28 million from the other members of the fraternity except E, and therefore, the Defendant had a duty to pay KRW 28 million to the victim F, which is the cause of the successful bid for the same day.

Nevertheless, the Defendant violated his duty and did not pay the fraternity to the victim, and then consumed the Defendant’s personal debt repayment, etc., thereby acquiring property benefits equivalent to the same amount and causing damage equivalent to the same amount to the victim.

2. On December 5, 2012, the Defendant is the subject of the 13 successful bid in the amount of KRW 18 million, organized at H located in Ulsan-gu, Ulsan-gu. G.

The Defendant, around September 2013, received KRW 16,50,000 from the members of the other fraternity except E, therefore, there was a duty to pay KRW 16,50,000 to the victim I, who was awarded a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract.

Nevertheless, the Defendant violated his duty and did not pay the fraternity to the victim, and then consumed the Defendant’s personal debt repayment, etc., thereby acquiring property benefits equivalent to the same amount and causing damage equivalent to the same amount to the victim.

B. The Defendant, around October 2013, received KRW 16,50,000 from the members of the other fraternity except E, thus, the Defendant had the duty to pay KRW 16,50,000,00 to the victim J, who was awarded a contract for the same day.

Nevertheless, the defendant did not pay the fraternity to the victim in violation of his duties and consumed by the defendant's personal debt repayment, etc. at that time, thereby acquiring the same amount of property benefits and having the victim receive the same amount of money.