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(영문) 제주지방법원 2021.02.05 2020고단2685

배임

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On March 10, 2018, the Defendant organized a successful bidder composed of 30 million won in total, 15 old accounts, and 15 old accounts. Regarding the previous accounts from 14 months to 14 years, the Defendant shall make up the amount (hereinafter “interest”) calculated by subtracting the fraternity money he/she wishes to receive from 30 million won in a 14-month month, and the amount calculated by deducting the highest interest amount is the successful bidder for the fraternity money, and the Defendant shall pay the remainder of the money excluding the interest calculated by the successful bidder for the above fraternity by receiving the monthly payment from the fraternity members, and the victim B (the victim B, 55 years of age) who is the cause of the last 15th unit of the successful bidder’s successful bidder’s successful bidder’s successful bidder’s successful bidder’s successful bidder’s payment of the remaining amount after deducting 2 million won in total from 2.8 million won in total.

Around May 2019, the Defendant was unable to receive monthly payments from five members who were unable to pay monthly payments from the end of the 14th operation period of the successful bidder system among the 14 members of the successful bidder system, excluding the victim, but the Defendant received monthly payments from the remaining nine members of the fraternity, and thus, the Defendant was obligated to pay KRW 18 million to the victim around that time. However, there was a duty to pay KRW 18 million among the said 18 million in violation of the duty, excluding KRW 5 million paid to the victim on June 25, 2019, and did not pay KRW 13 million to the victim for the personal purpose, thereby acquiring property benefits equivalent to KRW 13 million for the personal purpose of the Defendant’s use, and causing damage equivalent to the same victim.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination protocol against the defendant prepared by the public prosecutor;

1. Statement in the statement protocol with respect to B prepared by the public prosecutor;

1. Statement made with respect to B prepared by the police;

1. Entry in the petition form B;

1. The police preparation;