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(영문) 의정부지방법원 2013.06.21 2012고단3014

배임

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2012 Highest 3014] around August 2009, the Defendant was the subject of a 30,000 foot No. 26 unit 1,200,000 foot 26 unit 30,000 unit 30,000 unit 1 unit for 26 months and 1,200 unit 30.

On May 25, 2011, the Defendant received an amount equivalent to KRW 30,760,00 from the fraternity members from the restaurant called E in Seoul, Jung-gu, Seoul, and violated the duty to pay the monthly fraternity to the victims who have been forced to pay the monthly fraternitys to the victims, and around that time, took advantage of the Defendant’s debt repayment, etc. from the members of the Namyang-gu, Namyang-gu, Seoul, in the manner of paying the Defendant’s debt, etc., and acquired economic benefits equivalent to the same amount and sustained damages equivalent to the same

【2013 Highest 626】 The Defendant, at around August 2009, was entitled to receive KRW 11,200,700,000 from 1,50,000 per unit for 26 months and from 1,50,000 won for 1,20,000 won for 1,50,000 won for 26 months, as the subject of the 26-year unit number system that was organized to receive the payment from the fraternity members on the 25th day of each month, to receive the payment of the said payment from the fraternity members, and the victim was entitled to receive the said payment from the fraternity members on the 26th day of each month. The victim was No. 26th day of September 25, 2011.

Nevertheless, around July 29, 2011, the Defendant violated his/her duty solely on the grounds that the economic situation of the Defendant is difficult, and the victim takes measures to pay only KRW 9,000,000 in total from two other members of the community (victim’s daughters and G) until September 25, 201. As to some members of the community where the Defendant bears his/her personal obligation, he/she offsets the Defendant’s obligation by the right to collect the deposit of the community, thereby preventing them from paying the deposit of KRW 25 minutes in the future and KRW 26.

In addition, the Defendant did not pay the Defendant’s accounts until September 25, 2011, and received 26 minutes from the Gyeyang H by October 201, 201, the amount of KRW 1,500,000 and KRW 26 times’s payment from the Plaintiff.