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Reasons
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(영문) 서울중앙지방법원 2015.04.09 2014고단9990
배임
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 2, 2011 to December 2, 2013, in Seocho-gu Seoul Metropolitan Government, the Defendant operated a singing room and drama entertainment drinking house with a number of KRW 20 million, KRW 26,000,000 for the old accounts, and KRW 800,000 for the single deposit account. The victim D paid KRW 600,000,000 for KRW 30,000 for the old accounts (1.5 accounts), and the remainder KRW 600,000 for the interest of KRW 20,000 for the Defendant’s victim, and subscribed to the above number system on the condition that the Defendant receives KRW 26th,260,000 for the second and second deposits.

Since the Defendant received fraternity payments from the fraternity members on November 24, 2013, the Defendant had a duty to pay KRW 10 million to the victim who is the cause of the 24th unit, which was to receive fraternity payments around November 24, 2013, and to pay KRW 20 million to the victim who is the cause of the 26th unit, which was to receive fraternity payments around January 26, 2014.

Nevertheless, the Defendant did not pay a total of KRW 30 million in violation of his duties, and around that time, acquired pecuniary benefits equivalent to the above amount by arbitrarily consuming the Defendant’s debt repayment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including D and E substitute part);

1. Statement Nos. 2 and 3 of the police with regard to D;

1. Application of Acts and subordinate statutes to payment orders, borrowing certificates, written confirmations, and details of transactions of entry and withdrawal;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] No basic area (4 to 100 million won) [4 months to 1 year and 4 months] (decision of sentence] [decision of sentence] records of this case, such as the following circumstances and the defendant’s age, character and behavior, family relationship, family environment, motive and means of crime, circumstances after crime, etc.

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