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(영문) 대전지방법원 2013.04.25 2012고정2309
배임
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 15, 2009, the defendant was composed of 31 unit of old units organized by the defendant's house located in Daejeon Sung-gu B.

Since the Defendant received KRW 1,740,000 from the members of the above number fraternity around January 15, 2012, the Defendant had the duty to pay the said fraternity to the injured Party C, which was designated as the other party to pay the fraternity on the same day, and the same year.

2. 15. 15. Along with the receipt of KRW 5,040,00 from the members of the same fraternity, there was a duty to pay the said fraternity to the victim, which was the 30th day designated as the other party to pay the fraternity.

Nevertheless, the Defendant violated his duties and did not pay the remainder of KRW 3,080,000 to the victim out of the above deposit amount, and thereafter did not pay the remainder of KRW 3,080,000,000 to the Defendant’s living expenses, etc. at around that time, acquired property gains equivalent to KRW 3,080,000 by recklessly consuming the Defendant’s living expenses, etc. and sustained damages equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes on the register of members of the Tong and its duplicate;

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the Criminal Act and the choice of fines concerning criminal facts;

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

1. Taking into account the circumstances following the failure of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act and the fact that the victim does not want the punishment of the defendant after the institution of the prosecution.

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