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(영문) 전주지방법원 2013.05.30 2013고단937
업무상배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

From October 25, 2010 to October 2010, the Defendant is the subject of the number system of KRW 20 million, which was organized by the Defendant’s house, Kim Jong-si, 306 Dong 1501.

1. From April 12, 2012 to May 3, 2012, the Defendant received 5,810,000 won in total from her husband D from the Defendant’s home to her husband D’s account (Account Number: E) from the Defendant’s house, and thus, the Defendant received 5,810,000 won in total from her husband D. Thus, there was a duty to pay the said fraternity to 19 members designated as the recipient of the fraternity, and to her son F who was the students of elementary school.

Nevertheless, on May 3, 2012, the Defendant did not pay the said amount to the said victim in violation of his/her duties and without permission, transferred KRW 5 million to the account of G, one of his/her creditors, and used it in repayment of the obligation, thereby acquiring property gains equivalent to KRW 5.81 million in the fraternity amount and causing damage equivalent to the said amount to the victim.

2. From May 25, 2012 to June 7, 2012, the Defendant received 4,80,000 won in total from her husband D to her husband D’s account from May 25, 2012, and thus, the Defendant received her husband D’s transfer from her home to her husband D’s account, thus, there was a duty to pay the said fraternity to the victim H and I, a cause of the 20th generation that was designated as her transferor around that time.

Nevertheless, on June 21, 2012, the Defendant violated his duties and did not pay the said amount to the said victims, and used the said amount to the account of the said G without permission for transfer of the said amount to the account of the said G, and acquired financial benefits equivalent to KRW 4.8 million, and incurred damages equivalent to the said amount to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect interrogation protocol of the accused by the prosecution, the suspect interrogation protocol of the police (including the statement section of D and F), and the suspect interrogation protocol of the police as to D;

1. Statement made by the police of the F;

1. Each investigation report;

1. The provisions of the Acts and subordinate statutes shall apply to the complaint, a copy of the number book, and the details of each passbook transaction.

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