(영문) 서울서부지방법원 2017.09.29 2017고단1993

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2017.09.29 2017고단1993

업무상배임

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

To the extent that the identity of the facts charged is recognized, it shall meet the requirements for occupational breach of trust. The defendant is a person who is engaged in the business of collecting and paying the amount of money from the fraternity of the sequence 26,000,000 in the monthly fraternity organized at a place where it is not known at the beginning of August 2014.

In September 2016, the Defendant received all fraternity payments from the members of the fraternity in a place where it is not known to the police officer in the middle of September 2016, and thus, the Defendant had a duty to pay KRW 29,080,000 to the victim B of the fraternity 26 which was designated as a third party on the same day.

Nevertheless, the defendant violated his occupational duties and did not pay the fraternity money to the victim, and used it without permission at the residence of the defendant, etc. at that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 29,80,000,000, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (specific of the amount of damage caused by occupational breach of trust), investigation report (verification of whether to collect the amount paid in advance);

1. The details of the entry into and withdrawal from a national bank under the name of the victim, and the application of statutes;

1. The following facts are determined in light of the pertinent legal provisions on criminal facts, Articles 356 and 355(2) of the Criminal Act on the selection of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] No person who has no (the person who is subject to special sentencing in April to January] in the basic area (the period from April to April) (the period from April to April) (the period from which punishment is imposed] (the decision of sentencing), the following circumstances and the defendant’s age, sex behavior, environment, post-crime, etc. - The payment of a sentence is against mistake - the fact that 60,000 won is against mistake - The fact that the victim wants to be punished - The fact that the victim is willing to be punished - the fact that the victim has been sentenced to a fine once

참조조문

-형법 제355조 제2항

-형법 제356조

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