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(영문) 춘천지방법원 원주지원 2017.09.08 2016고단1153

배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a number fraternity operated by organizing a 21 unit unit of the Gu with the victim B, C, D, and E as a fraternity, 50 million won unit of the Gu, and a 21 unit of the Gu unit of 50 million won unit of each month (2.5 million won unit of each month). The victim is a member who has joined the 4 unit of the above number fraternity.

A. On October 21, 2014, the Defendant had a duty to pay KRW 50,000,000 to the victim designated as a recipient of a divided payment, since the Defendant received the fraternity payment from the members of the fraternity at a place where the payment was not made, at the same time.

Nevertheless, in violation of his duties, the Defendant paid only KRW 26,500,000 to the victim with the above fraternity 23,50,000,000, by personal use of the above fraternity in violation of his duties, thereby acquiring property gains equivalent to KRW 23,50,000, and thereby causing property damage equivalent to the same amount to the victim.

B. On November 24, 2014, the Defendant had a duty to pay KRW 50,000,000 to the victim designated as a recipient of a divided payment on November 1, 2014, since the Defendant received the fraternity payment from the members of the fraternity at a non-permanent place.

Nevertheless, in violation of his duties, the Defendant paid only KRW 38,300,000 to the victim with the above fraternity 38,700,000, and did not pay the remaining KRW 11,700,000 to the victim, thereby acquiring property gains equivalent to KRW 11,70,000, and suffered property losses equivalent to the same amount to the victim.

(c)

On March 2015, the Defendant received fraternity payments from the members of the fraternity in a non-permanent place, and thus, was obligated to pay KRW 50,000,000 to the victim designated as the recipient of the fraternity payments on March 2015.

Nevertheless, the defendant, in violation of his duties, used the above fraternity individually to pay 50,000,000 won to the victim, thereby acquiring property benefits and causing property damage equivalent to the same amount to the victim.

(d)

The defendant.