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(영문) 서울북부지방법원 2015.01.08 2014고단384

배임

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 20, 2009, the Defendant organized and operated so-called “D” 22 books, guidance money, KRW 30 million, and KRW 1.3 million on the 20th day of each month, at the so-called “D” page located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Incheon.

When the Defendant received a total of KRW 30 million from the members of the fraternity around June 20, 2011, the Defendant had a duty to pay KRW 30 million to the victims E, which was 21 times prior to the same month.

Nevertheless, the Defendant violated his duty and subsequently consumed the F’s “F” office construction cost, etc. in the name of the Defendant’s operation, thereby acquiring the same amount of pecuniary benefits and causing damage to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the guidance prohibition table, a detailed statement of transactions of passbooks and passbooks, and an investigation report (Submission of account statements related to the suspect's fraternity);

1. Relevant Article 355(2) of the Criminal Act, Article 355(2) of the Act on the Selection of Criminal Crimes, and Article 355(2) of the Criminal Act, the amount of damage caused by the sentence of imprisonment

However, in consideration of the fact that there is no criminal record of the same kind and imprisonment without prison labor or any heavier punishment, and the confession and reflect of the crime of this case, etc., the punishment shall be determined