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(영문) 부산지방법원 2019.11.26 2019고단4580

배임

Text

A defendant shall be punished by imprisonment for not less than two years and four months.

The defendant is the applicant for compensation of KRW 4 million and the applicant for compensation.

Reasons

Punishment of the crime

The defendant paid a total of 21 members of the 250,000 won each month in accordance with the sequence set on the 25th day of each month, and operated 2 the sequence, "25,000 won each month," which is operated by one of the 26 members of the 26 members of the 26 fraternity in the manner of receiving the fraternity with the interest added to the interest added by 50,000 won each month until the day until the day, and in accordance with the sequence set on the last day of each month, two of the 26 members of the 26 fraternity operated by one of the 50,000 won each month in the manner of receiving the fraternity.

From April 2016 to June 2019, the Defendant, at the Defendant’s residence and its nearby place located in Busan Jin-gu, Busan, had 150,000 won or KRW 2.50,000 per month paid from the victims indicated in the annexed Table of Crimes F, including the victim F, which is the cause of the system, kept in custody. Accordingly, the Defendant had the duty to manage the said fraternity in accordance with the aforementioned agreement, and to pay the fraternity with interest added thereto to the members of the fraternity who returned from the sequence.

Nevertheless, the Defendant violated his duties and did not pay an advance to victims, including the victim F, but consumed that amount for personal purposes, such as living expenses, etc., and acquired a total of KRW 2225,100,000,000 from April 2016 to June 2019, as shown in the list of crimes in the attached Table, and suffered property damage equivalent to the same amount as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of each specification of transactions;

1. Article 355 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentences;