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(영문) 춘천지방법원 강릉지원 2018.05.03 2017고단1379

업무상배임

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 22, 2016, the Defendant paid the amount of KRW 670,00 won per old unit on January 22, 2016 and received the said amount, the Defendant organized and operated the 16 old unit that pays KRW 10,000 to the fraternity in the order of the fraternity. The victim C is a member of the two old units of the above fraternity and the victim agreed to receive the said amount in the last order of the order of the fraternity.

On April 22, 2017, the Defendant had a duty to pay KRW 1,932,00,000,000,000,000,000,000,000,000,000 won in the name of interest, to the victim, who is the order of payment of the said fraternity money, plus KRW 2,40,00,000,000,000,000,000,000,000 won in the name of the fraternity in the E cafeteria located in Dong-si, Dong-si.

Nevertheless, the defendant violated the above occupational duties and arbitrarily consumed the same amount of money under the pretext of lending it to others at around that time, thereby acquiring property benefits equivalent to the same amount and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes to a report of investigation (victim C telephone call);

1. Relevant Article 356 of the Criminal Act, Articles 355 (2) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, all the conditions of sentencing indicated in the records, such as Defendant’s age, sex, environment, health conditions, conditions before and after the commission of the crime, circumstances before and after the commission of the crime, and the details of the crime, shall be determined as ordered.

Conditions disadvantageous: The circumstances that have been favorable to the failure to repay the damage: The confession and his mistake are divided, and the first offense is the first offense.