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(영문) 광주지방법원 2019.11.28 2019고정894

배임

Text

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

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

Reasons

Punishment of the crime

From October 2017 to August 2018, the Defendant recruited 11 accounts for the total number of 11 accounts as the week of the number system that ends on August 2018, and when the fraternitys pay the deposit amount of KRW 500,000 per unit per month, the Defendant paid the deposit amount of KRW 500,000 per unit to the fraternity that became the sequence, and the Defendant joined the victim B as the 11th member of the above fraternity.

The Defendant, from December 5, 2017 to July 2018, received KRW 4,240,00 from the victim as a deposit of accounts, or the Defendant received from other members of the above number fraternity as a deposit of accounts. As such, the Defendant was obligated to pay KRW 5,00,000 to the victim as a deposit of accounts on August 2018.

Nevertheless, the Defendant violated his duties and did not pay the above fraternity money to the victim and consumed it at will at that time.

The defendant acquired property benefits equivalent to five million won, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A copy of a master list of members of the fraternity;

1. Application of Acts and subordinate statutes to a copy of cash storage certificate, each remittance statement, and specification of transactions;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;