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(영문) 창원지방법원 진주지원 2019.02.19 2018고정337

배임

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On August 30, 2016, the Defendant is the Defendant’s 21 serial line in Jinju-si B apartment and the Defendant’s house located in Jinju-si. C.

On October 30, 2017, the Defendant received monthly payment of KRW 500,000 from the members to the Agricultural Cooperative (D) account under the name of the Defendant, and thus, the Defendant was obligated to pay KRW 10,000,000 to the victims E (the age of 35) who were the causes of the fraternity No. 19, the same day.

Nevertheless, the Defendant did not pay the above amount to the above victim in violation of his duties, and acquired the pecuniary benefits equivalent to KRW 10 million by securing claims based on the relationship between the parent F of the victim's mother at that time, and caused the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Each investigation report (attached data submitted by suspects - details of transactions in fraternity deposits accounts, counter-investigation of fraternity members G);

1. Application of Acts and subordinate statutes to the accusation and detailed statement of deposit transactions;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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;