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(영문) 청주지방법원 제천지원 2016.09.22 2016고정73
업무상배임
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant from January 1, 1998 to December 31, 201, is a person in charge of the general duties of the victim C 11-year-old D's clan, and E is a person in charge of the victim's clan.

Around September 8, 2008, the Defendant and E kept KRW 30,000,000,000, which is the victim’s ownership, as a fixed deposit in the joint name at the agricultural branch of Yangyangyang Livestock Co., Ltd., and thus, there was a duty to use the said funds for the benefit of the victim.

Nevertheless, on April 14, 2009, the Defendant and E demanded that the fixed deposit owned by the victim be offered as security at the point of YYYYYYYYYYYYYYYYYYFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

As a result, the defendant and E acquired property benefits equivalent to 30,000,000 won of deposit claims provided as security by collusion with the above F, and suffered property damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement by each prosecutor's office with regard to G and E;

1. Application of Acts and subordinate statutes to a report on investigation (verification of a fixed deposit provider);

1. Relevant Article of the Criminal Act and Articles 356, 355 (2), and 30 of the Criminal Act concerning the choice of criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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