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(영문) 서울북부지방법원 2014.06.27 2014고단674

배임

Text

A defendant shall be punished by imprisonment for 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

around October 15, 2011, the Defendant organized and operated a so-called “number meter” 21 unit, 10 million won, and 500,000 won on the 15th day of each month in a “D” restaurant located in Dobong-gu Seoul Metropolitan Government.

1. On May 15, 2013, the Defendant had a duty to pay KRW 10,300,000 to the victims E of the fraternity No. 19, a number of fraternity payments in the same month, which were received from the fraternity members, on or around May 15, 2013.

Nevertheless, the Defendant violated his duties and consumed the same amount of money in the name of living expenses, etc. at that time, acquired economic benefits equivalent to the same amount, and caused damage to the victim.

2. On June 15, 2013, the Defendant had a duty to pay KRW 11.8 million to the Victim F, which was 20 times prior to the previous month, on the receipt of the fraternity payment from the fraternity members.

Nevertheless, the Defendant violated his duties and consumed the same amount of money in the name of living expenses, etc. at that time, acquired economic benefits equivalent to the same amount, and caused damage to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes on accounting books;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended execution is above the extent of Article 62(1) of the Criminal Act (see, e.g., the fact that the defendant is pening his mistake in depth, that the defendant deposited part of the money for the victims, circumstances of the crime, age and health conditions of