beta
(영문) 서울동부지방법원 2021.01.21 2020고단3172

배임등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Breach of trust;

A. On November 2015, the Defendant related to the number fraternity organized around November 2015, as the owner of the number fraternity with 50 million won of the limit organized by the Defendant at the restaurant operated by the Defendant located in Gangdong-gu Seoul, Gangdong-gu, Seoul at around November 2015, paid the fraternity to the fraternity corresponding to the sequence by receiving the fraternity payment from the members of the fraternity each month.

Around December 2019, the Defendant received fraternity payments from the members of the above number fraternity. Therefore, the Defendant was obligated to pay KRW 6,250,000 (one half of the KRW 12,500,000) to the injured party B, which is a part of the entire accounts No. 50 old accounts.

Nevertheless, the defendant violated his duties and then, without paying 6.25 million won to the victim at that time, used it individually, thereby acquiring property benefits equivalent to the same amount and causing considerable damage to the victim.

B. On February 2, 2018, the Defendant related to the number fraternity organized around February 2018, as the leader of the number fraternity of 10 million won, organized at the restaurant operated by the Defendant located in Gangdong-gu Seoul, Gangdong-gu, Seoul, which received fraternity payments from the members of the fraternity each month, and paid fraternity payments to the members of the fraternity corresponding to the sequences.

The Defendant received a fraternity payment from the members of the above number fraternity around November 2019, and thus, the Defendant was obligated to pay KRW 12.5 million to the victim B, which is the No. 22 of the above fraternity.

Nevertheless, on December 3, 2019, the Defendant paid 7 million won to the victim in violation of his/her duties, and paid 5.5 million won to the victim for personal consumption without paying the remaining 5.5 million won, thereby obtaining economic benefits equivalent to the same amount and causing a loss equivalent to the same amount to the victim.

2. Around September 2018, the fraud Defendant organized the 21st unit of the 21st unit in a restaurant operated by the Defendant located in Gangdong-gu Seoul Metropolitan Government, and the victim B with “the 21st unit of the 21st unit of the guidance amount.”

No. 20 of the No. 20 of the No. 1988, and a mutual savings deposit shall be paid in KRW 23.6 million on May 2020.