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(영문) 서울중앙지방법원 2018.12.13 2018고단842

배임등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 10, 2018, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution, and the judgment was finalized on August 18, 2018.

On May 8, 2017, the Defendant loaned KRW 5 million to the victim H within 3-4 days, on the ground that “The Defendant has no money to grant monthly pay to the employees of the PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP.

“Falsely speaking,” and then, it received KRW 5 million from the damaged person to the account in the name of the Defendant in the name of one bank under the name of the Defendant as the borrowed money.

However, until May 2015, the Defendant borrowed KRW 140 million from others and did not change it. Even if the Defendant borrowed money from those who were in arrears with monthly rent from around March 2016, the Defendant did not have any intent or ability to pay it properly.

Accordingly, the defendant deceivings the victim as above and obtained the delivery of 5 million won.

Summary of Evidence

1. Legal statement of the witness H;

1. Application of statutes on police statements made to H to H;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of this part of the facts charged is that around February 2017, the Defendant is a leader of the number system with 11 11 foot account organized at the Jbu management shop operated by the Defendant of the fifth floor of Seocho-gu Seoul Special Metropolitan City, Seocho-gu Seoul Special Metropolitan City I building.

Since the Defendant received a normal payment from the members of the relevant fraternity until the relevant number fraternity was dispatched on May 8, 2017, the Defendant violated the duty to pay KRW 18.5 million paid by the victim H, the victim K, the victim L, and the victim M, even though he/she had a duty to pay the amount properly, and therefore, the Defendant operated the said fraternity.

J used for personnel expenses of its employees to obtain the above 18.5 million won proprietary benefits;