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(영문) 서울남부지방법원 2018.05.02 2017고단5385
배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 2, 2013, the Defendant organized the number system of “from February 25, 2013 to May 25, 2014, 2014, 400,000 won was paid in 16 times every 25th day from February 25, 2013 to May 25, 2014, and was paid additional interest of 40,000 won from the fraternity, and paid 40,000 won and interest to the fraternity for which the order of priority became effective.” The victim C subscribed to the 16th unit.

On May 25, 2014, the Defendant received a total of 42.7 million won (15 x 2.5 million won x 13 x 4 million won) from the members of the fraternity except for one fraternity on May 25, 2014, and even if there was a duty to pay it to the victim of the cause of the 16th fraternity, the Defendant paid only 5.6 million won to the victim, without paying the remainder 37.1 million won, and acquired property gains equivalent to 37.1 million won by consuming for personal purposes, and sustained property damage equivalent to the same amount to the victim.

Summary of Evidence

1. The part corresponding to the defendant's legal statement

1. The part of the Defendant’s statement in the suspect interrogation protocol (a reply-type one time) against the Defendant (the Defendant stated as follows: “The Defendant did not pay the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of KRW 5

1. The part corresponding to the witness C’s legal statement (which is inconsistent with the Defendant’s statement as to the fact that the Defendant organized a system and the fact that the said witness did not pay a fraternity to the said witness even after receiving a fraternity payment from the members of the fraternity, the said witness’s statement is not entirely trusted as to the detailed part because he did not probred with his memory due to a bick, etc.) is applicable to the law applicable.

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Part concerning the suspended sentence under Article 62(1) of the Criminal Act (such as where the defendant exceeds a fine or has no criminal record for the same kind of crime).

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