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(영문) 대전지방법원 2014.05.12 2013고단4476
배임
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 20 million won to an applicant for compensation.

The above order shall be.

Reasons

Punishment of the crime

On March 28, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Daejeon District Court for fraud, and the said judgment became final and conclusive on April 5, 2013.

On July 11, 2011, the Defendant: (a) around the Seo-gu Daejeon, Seo-gu, Daejeon: (b) invested the victim’s “E Real Estate” in the “E Real Estate” operated by the victim C; and (c) in the business that F purchases and promotes development of the G land in Chungcheongnam-si, Chungcheongnam-si; (b) made an agreement with the victim by the Defendant, instead of the victim, to transfer the said investment money to F; and (c) receive profits in relation to

As the Defendant received 30 million won from the victim on the same day in accordance with the above agreement and paid the said investment money to F on July 14, 201, the Defendant had a duty to receive such profit in accordance with the management status of the said investment money and pay it to the victim.

Nevertheless, on July 14, 201, the Defendant, in violation of the foregoing duties, borrowed 10 million won from H to the F to guarantee the above loan amount, and used the concealed fact that the victim was an investment by himself/herself as if he/she directly invested, and caused F to pay the said investment amount as a security; 1 million won on October 3, 201; 10 million won on November 17, 2011; 6 million won on February 29, 2012; 100,000 won on May 24, 2012; and 200,000 won on loan from H to the F to pay the said investment amount; 200,000 won on loan from the F to the F to pay the said investment amount as if he/she was making an investment; and 100,000 won on loan from the F to the F to pay the said investment amount or profit at the time of subrogation; and 10,1010,000 won on loan.

Accordingly, the defendant acquired property benefits equivalent to about 20 million won and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and C;

1. C, .

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