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(영문) 서울북부지방법원 2020.06.19 2020고단931

업무상배임

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2017, when the Defendant was working as the hill branch of a corporation B, the Defendant purchased and operated 20% of the monthly interest rate, and recommended the victim E to return the interest rate after 1 year, while investing in the office located in the Gangnam-gu Seoul building C building D, the Defendant transferred KRW 15 million to the corporate bank account in the name of the corporation B on October 26, 2017 and KRW 5 million to the same account around December 29, 2017.

Since then, due to the government's regulation on virtual currency exchange, Company B suspended the business of virtual currency investment and decided to return the investment money to investors on May 2, 2018, and paid 23.9 of Einium 23.9 (market price equivalent to KRW 17,470,90) (market price), which was purchased with the victim's investment money, to the F account in the name of the defendant, and paid G 630,000 (market price is not the case) to H in the name of the defendant.

Accordingly, the Defendant violated the above duties, and around that time, disposed of 523,750 out of the above G 630,000 G 630,00 I and J, for the purpose of making it possible for the Defendant to faithfully manage and preserve the said virtual currency for the victim until there was a request for sale and purchase or exchange of the victim.

Accordingly, the defendant acquired property benefits equivalent to KRW 17,470,90, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect examination protocol of K by the prosecution;

1. Statement to E by the police;

1. Investigation report (L telephone communications);

1. Investigation report (Submission of suspect K explanatory materials);

1. Submission of details of deposits by complainants;

1. Details of payment of principal, management expenses, deposits and dividends, arrangement of payment of principal of E, E, A M (L branch request), E, and A details of G transactions;

1. From January 1, 2018 to May 3, 2018.