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(영문) 수원지방법원 안산지원 2019.01.10 2018고단3961
배임
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

around February 25, 2009, the Defendant organized the number system composed of 10 million won per unit and 20 old units at the “C restaurant” located in Gangnam-gu Seoul, Seoul around February 25, 2009. The Defendant sought to organize the number system of 20 units per unit of “10 million won per unit” to the victim D, with a total of 10 million units of “10 million won per unit.” At the last 1/10 unit of 20 months, the Defendant may pay 50,000 won per month for 20 months and receive 1,190,000 won on October 25, 201, which is the 21 month.

"......"

Accordingly, the Defendant received the payment from the victim, from February 25, 2009 to September 25, 201, the sum of KRW 1,000,000,000 per month from around September 25, 201, to the E BankF account under the name of the Defendant, etc. Therefore, the Defendant was obligated to pay KRW 1,190,00 to the victim, who is a fraternity No. 20 around October 25, 201.

Nevertheless, the defendant did not pay a monetary reward to the victim in violation of his/her duties, thereby acquiring property benefits equivalent to KRW 1.190,000, and suffered property damage equivalent to the same amount for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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