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(영문) 대전지방법원 2015.05.15 2014고단3565

배임

Text

A defendant shall be punished by imprisonment for one month.

Of the facts charged against the Defendant on January 17, 201, the charge of breach of trust on January 17, 201 is acquitted.

Reasons

Punishment of the crime

[criminal power] On March 13, 2015, the Defendant was sentenced to two years of imprisonment for breach of trust, etc. by the Daejeon High Court, and the above sentence became final and conclusive on March 21, 2015.

【Criminal Facts】

On December 15, 2010, the Defendant organized the 15-day successful bid system, which consists of KRW 60 million, KRW 25,000, KRW 2000, KRW 2000, KRW 20,000, KRW 25,000, KRW 25,000 per month.

The winning contract is operated in such a way that a person who wants to receive an amount of time to receive an amount of time is gathered in a store operated by the defendant, and the amount of interest to be paid to him/her during the relevant month, and the defendant, the holder of the fraternity, who stated the highest amount of interest among him/her, will provide the amount of time to the fraternity. Thus, when the defendant receives KRW 5 million monthly payment from the victim E for each month, the successful bidder was obliged to pay the amount of time to the successful bidder at the 15th day of each month in accordance with the above operating method, and ultimately, the victim was obligated to pay the amount of time KRW 60,000,000 to the victim at the time when the fraternity ends.

However, on February 16, 2011, the Defendant received a credit transfer of KRW 7050,000 from the victim (including KRW 2 million and KRW 5,000,000,000) on the part of the fraternity members as if he/she were to be awarded a successful bid and used the time limit for personal use, and received KRW 27,040,00 from the victim as shown in the attached list of crimes, from July 16, 201 to July 16, 201, even though he/she received the time limit money as a total of KRW 2,70,040 (excluding interest, non-payment, and payment) from the victim, in violation of his/her duties and without paying the time limit money for ordinary personal use, thereby gaining property benefits of KRW 2,704,00,00 by the victim and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Previous convictions in judgment: Documents printed out of the proceedings and the application of Acts and subordinate statutes;