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(영문) 광주지방법원 2017.12.13 2017고단4896

배임

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 5, 2015, the Defendant organized the number limit of KRW 26,000,000,000 for each unit of 26 old units, which is an insurance designer, to pay KRW 20,000,000 according to the old unit number.

1. On March 5, 2017, the Defendant in breach of trust against the victim E received a total of KRW 20 million from the aforementioned members of the fraternity, and thus, there was a duty to pay KRW 10 million to the victim E, who was designated to receive an amount equivalent to a half of the same day.

However, the Defendant violated his duty and did not pay the amount of money to the victim. At that time, the Defendant consumed the amount of money to be repaid at the Defendant’s residence, etc., and acquired property gains equivalent to KRW 10 million and incurred damages equivalent to the same amount to the victim.

2. On July 5, 2017, the Defendant was in breach of trust against the victim F, who received a total of KRW 20 million from the said members of the fraternity, to pay a total of KRW 10 million,00,000,000 from the said members of the fraternity, and thus, there was a duty to pay a total of KRW 10,000,000 to the victim F, who was designated to receive a contribution equivalent

However, the Defendant violated his duty and did not pay the amount of money to the victim. At that time, the Defendant consumed the amount of money to be repaid at the Defendant’s residence, etc., and acquired property gains equivalent to KRW 10 million and incurred damages equivalent to the same amount to the victim.

3. On June 5, 2017, the Defendant was in breach of trust against the victim G, who received a total of KRW 20 million from the said members of the fraternity on the same day, and thus, there was a duty to pay KRW 30 million to the victim G, who was designated to receive a half of the share on July 5, 2017.

However, the Defendant violated his duties and did not pay the amount of money to the victim, and then consumed the amount of money to be paid by the Defendant at the Defendant’s residence, etc. at around that time, and paid the amount of money to KRW 30 million.