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(영문) 의정부지방법원 2013.08.23 2013고단1786

배임

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a 21 unit of accounts at the C Center located in the city B from April 201 to December 2012, 201, and 50,000 won for a single deposit (600,000 won for a single deposit after the receipt of the fraternity) at the C Center located in the city B from April 201 to December 201.

The Defendant, as a leader, received a fraternity payment from the victim D from April 201 to November 23, 2012, since the Defendant received a fraternity payment from the victim D, the Defendant, despite having a duty to receive a fraternity payment of KRW 10.6 million from November 23, 2012, the Defendant acquired the pecuniary benefits equivalent to KRW 10.6 million due to the failure to pay the fraternity payment in violation of his/her duty and caused damage to the victim equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (passing account transactions, etc.);

1. Relevant provisions of Article 355(2) and (1) of the Criminal Act (the choice of imprisonment and the punishment for a crime - the punishment for a crime, the circumstances leading to the crime, the fact that the damage has not been recovered, the relationship of a criminal record, etc.);