beta
(영문) 의정부지방법원 2015.04.02 2015고정374

배임

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

On September 28, 2012, the Defendant organized and operated a number system in which 21 members of the fraternity pay KRW 500,000 per month and receive the fraternity according to the established sequence.

Around May 28, 2014, the Defendant received the total amount of KRW 119 million from the members of the fraternity, and when the share holder received the total amount of the paid-in capital, the Defendant, despite the fact that there was a duty to receive the paid-in capital to the victim B, who was determined to receive the paid-in capital in the said month, obtained the pecuniary benefits equivalent to KRW 1,90,000,000 from the failure to pay to the victim for the personal purpose, such as repayment of his/her debt, and caused property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning B;

1. Certificates of deposit;

1. The application of Acts and subordinate statutes on copies of books;

1. Article 355 (2) and (1) of the Criminal Act applicable to the crimes. Article 355 (2) and (1) of the said Act

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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