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(영문) 수원지방법원 안산지원 2018.05.25 2018고단723

배임

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has engaged in the game producing and distributing business with the trade name of C.

On August 201, the Defendant sold 50 game machine 50,000,000,000 won, called “Asgogora Masker,” to the victim D. However, the Defendant returned to the victim as a problem such as program error.

Therefore, the Defendant returned 65 million won for the game machine received from the injured party. However, on December 28, 201, the Defendant returned only 30 million won around December 28, 201 and did not pay the remaining 35 million won.

The defendant was demanded by the injured party to continue to pay 35 million won for the remaining game machine price. On May 2, 2012, a notary public, who is a notary public of the building E 102 of the Dong-gu, Ansan-si around May 2, 2012, would make all accounts to the injured party about "35 million won and damages incurred during that period."

Section 45 million won is to be paid.

The insured shall pay 20 million won by May 31, 2012, and 25 million won by June 30, 2012.

As well as the content of the “Defendant’s security,” the content that the “50-year-long-term adult game machine 50-year-long-term will be provided to the victim by means of possession revision.”

Notwithstanding the fact that there was a duty to keep the above machinery, which is a collateral for transfer, until the Defendant repaid the obligation to the victim pursuant to the above transfer collateral agreement, the Defendant disposed of about 50 game machines in Ansan-si G around April 2014, thereby acquiring approximately KRW 45 million and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning a contract for borrowing and lending prior to the installment security for transfer;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 355 (2) and (1) of the Criminal Act that choose a penalty;

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

1. It is so ordered as per Disposition for the reason of Article 334(1) or more of the Criminal Procedure Act.