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(영문) 의정부지방법원 고양지원 2019.09.27 2019고단236
배임
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. The Defendant is an owner of an order of 12 million won from April 20, 2015, and an order of 31 units, and the victim is a member of the order of 27 units of the said order.

Although the Defendant, upon receipt of a monthly payment from the fraternity members such as the victim, has a duty to pay the fraternity according to the prescribed sequence, the Defendant violated this duty and arbitrarily used the fraternity amounting to KRW 13 million to the victim, such as living expenses, etc. around June 20, 2017, without paying the limit amounting to KRW 13 million, thereby acquiring property benefits equivalent to KRW 13 million, and suffered damage equivalent to the same amount to the victim.

B. Around October 5, 2015, the Defendant is an owner of an rupture system consisting of 10 million won or 21 units, and the victim is one half of the 21st unit of the said system.

Although the Defendant, upon receipt of a monthly payment from the fraternity members, has a duty to pay the fraternity according to the prescribed sequence, the Defendant violated this duty and arbitrarily used the fraternity amounting to KRW 5.95 million, such as living expenses, without paying the amount to be paid to the victim around June 5, 2017, thereby acquiring property benefits equivalent to KRW 5.955 million, and suffered damages equivalent to the same amount to the victim.

2. The Defendant committed a crime against the victim C is an owner of an rupture system comprised of KRW 14.8 million and 38 units around April 23, 2014, and the victim is an instructor who joined the rupture at No. 36 and 38 units of the said system.

Although the Defendant, upon receipt of a monthly payment from the fraternity members such as the victim, has a duty to pay the fraternity according to the prescribed sequence, the Defendant violated this duty and arbitrarily used the fraternity amounting to KRW 13 million to the victim, such as living expenses, etc. around June 20, 2017, without paying the limit amounting to KRW 13 million, thereby acquiring property benefits equivalent to KRW 13 million, and suffered damage equivalent to the same amount to the victim.

3. Crimes against victims D;

A. The Defendant amounting to KRW 10 million around June 23, 2010.

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