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(영문) 의정부지방법원 고양지원 2018.11.29 2018고정837
배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 5, 2015, the Defendant is an owner of an order of 10,000,000 won from around around October 5, 2015, and an order of 21 units from the old unit, and the victim C is a member of an order of 10,000 won from the above group of accounts.

Until June 5, 2017, the Defendant received KRW 10 million from the members of the fraternity, and thus, the Defendant, as a fraternity, had the duty to pay KRW 11.9 million, including the interest of KRW 1.9 million, to the victim who received the fraternity from the person who received the fraternity payment in that month, and in violation of this duty, the Defendant acquired the pecuniary benefits equivalent to KRW 1.9 million by using the personal living expenses and the repayment of the obligation to the victim without paying the said fraternity, and caused the damage equivalent to the said amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;

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