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(영문) 광주지방법원 2014.07.23 2014고단1916
배임등
Text

A defendant shall be punished by imprisonment for four months.

except that 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

1. On August 15, 2012, the Defendant in breach of trust organized a single number of persons who receive KRW 10 million monthly fraternitys from Drata located in Nam-gu, Nam-gu, Gwangju, according to the sequence of 21,50,000 won per month, monthly deposit accounts, and 50,000 won.

As a leader, the Defendant received KRW 9 million in total from the victim E and F every 18 times every month on the basis of the deposit amount of 100,000 won from the victim E and F, and received KRW 500,000 per month on 16 occasions each month on the basis of the deposit amount of 1st unit. As such, the Defendant received KRW 8 million in total from the victim E and F around February 2014 on the basis of the deposit amount of 1st unit, and even if there was a duty to pay KRW 8 million in total to the victim E and F, even if there was a duty to pay KRW 9 million in total to the victim E and F, the Defendant did not use the money as personal expenses or debt repayment, and did not pay to the victims, thereby obtaining property benefits equivalent to KRW 26 million in total, and incurred property damage equivalent to the same amount to the victims.

2. While the Defendant was merely 650,000 won monthly income, the Defendant did not have any intent or ability to repay the monthly income even if he/she borrowed money from others because he/she did not pay the principal and interest continuously, but he/she did not use the Defendant’s number fraternity as his/her living expenses or debt repayment.

Nevertheless, on September 5, 2013, the defendant borrowed money from the victim F to the victim F by the end of September, 2013, and borrowed money from the end of September, 201, and received 2.3 million won from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and F;

1. Application of the second police interrogation protocol to the defendant in the second police interrogation protocol

1. Relevant provisions of Article 347(1) of the Criminal Act (Fraud) concerning criminal facts, Article 355(2) and (1) of the Criminal Act, and each choice of imprisonment with prison labor

1. The Criminal Act among concurrent crimes.

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