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(영문) 창원지방법원 2017.11.15 2016고단4141

업무상배임

Text

Defendant

1. A defendant shall be punished by imprisonment with prison labor for one year;

Of the facts charged in the instant case, the E-related business affairs related to unjust enrichment are voluntarily set.

Reasons

Punishment of the crime

Defendant

A was the leader of the G fishing village fraternity located in the Gu F, from around 200 to May 2010, and Defendant B was the leader of the victim’s fishing village fraternity from June 2010 to July 2015.

1. Defendant A [H, I, and J fishing ground] from March 2008 to August 2, 2008, the Defendant: (a) in the H fishing ground of the victim in front of K in Chang-si in Chang-si; and (b) in the event that a contract was made with the victim at the time of collecting the balone directly to the owner of the balone, the victim and the owner of the balone under a contract was made to collect the balone; (c) in violation of his occupational duties and without the resolution of the general meeting of the fishing village fraternity; (d) delegated the gathering of the balone of the above fishing ground to the falone and fifth degree M; and (e) from around March 29, 2008 to around July 4, 2008, the Defendant made the above L to pay work expenses to the owner of the balone line; (e) from around 000 days to 100 days to 30 days to 100 days to 10, 108.108

Accordingly, the Defendant acquired property benefits equivalent to KRW 104,139,000 from the above L, and acquired property benefits equivalent to KRW 97,370,000 from the above M, respectively, and suffered damages equivalent to KRW 201,509,000 from the victim.

2. Defendant B’s N located in Dong-gu, Dong-nam is only the one owned in the fishery right register and is a victim G G fishing village fraternity. The fact was that the victim’s members of the fishing village fraternity, including Defendant B, owned eight capital owners. As such, the expenses associated with the foregoingO should not be disbursed out of the funds of the victim.

Nevertheless, on November 27, 2013, the Defendant embezzled the victim’s property by arbitrarily remitting money of KRW 1,500,000 from the Suhyup P account of Defendant’s name, which was the victim’s funds while on duty, to Q for cleaning work of the saidO.

Summary of Evidence

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