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(영문) 의정부지방법원 고양지원 2018.10.19 2018고정846

배임

Text

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

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

Reasons

Punishment of the crime

On April 20, 2015, the Defendant organized an order of 400,000 won for one unit and 31 units against branch members in Seongbuk-gu Seoul, Seongbuk-gu. The victim C is a leader who joined two units of 11 and 28 units of 11 and 28 units of the above order.

Notwithstanding the fact that the Defendant was obligated to pay the guidance money to the members of the community, such as the injured party, in accordance with the prescribed sequence, as the owner of the foregoing fraternity, but he/she voluntarily appropriated the guidance money collected in violation of the above duty from around the day to June 2017 as a result of his/her daily living expenses or other losses incurred by another fraternity, the Defendant did not pay KRW 14.6 million which was promised to the injured party on July 20, 2017.

As a result, the defendant, who is in charge of the affairs of the injured party, has acquired economic benefits equivalent to the unpaid amount of money due to the violation of his duties, thereby causing damage to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the list of members of the fraternity, the sequences by members of the fraternity, and copies of books;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 355 (2) and (1) of the Criminal Act that choose a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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