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(영문) 전주지방법원 2016.01.26 2015고정912

배임

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

On August 25, 2011, the Defendant is the subject of a number of KRW 17,000,000,000 which was organized by persons who were known to the general public, and is the subject of a number of KRW 17,00,000.

On October 25, 2012, the Defendant received KRW 10 million from the members of the fraternity at a place where the location is unknown, and thus, the Defendant had a duty to pay KRW 5 million out of KRW 15,000,000,000, which was designated to set aside the fraternity money on the same day to the victim B.

However, the Defendant violated his duty and did not pay the money to the victim, and then consumed the money with personal debt repayment, etc. at that time, thereby acquiring the pecuniary benefits equivalent to KRW 5 million in total and causing the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 355 (2) and Article 355 (1) of the Criminal Act (Selection of a penalty) concerning the facts constituting an offense;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;