2016 Highest 4262 Breach of Trust

A person shall be appointed.

○○ (Public Prosecution) ○○ (Public Trial)

January 24, 2017

The punishment of the accused shall be four months by imprisonment.

Criminal facts

around February 2015, at a restaurant operated by the Defendant, who is in the ○○ Dong in Seoul ○○-dong, Seoul around February 2015.

The term "abstin machines" consisting of 1,3 million won fake account 26.0 million won.

At around March 2016, the Defendant had two accounts, including interest from the members of the Board at the Defendant’s restaurant.

Since a total amount of 20,000,000 won is received for a total of 20,000,000 won for the same month, it shall not be paid for the same month

There was a duty to pay 20,000 won to ○○○○, which is the cause of the settlement.

However, the defendant did not pay a monetary reward to the victim in violation of his duties and did not pay it to the victim.

It was difficult to consume the defendant's living expenses in a cafeteria, etc.

The Defendant acquired, as such, economic benefits equivalent to KRW 20,000,000 and KRW 9 million and the victim

the same amount of damage was incurred to the Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the complaint chief and the police statement of ○○○; and

1. Each investigation report (teleline for each fraternity);

1. A specification of transactions;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 355(2) and (1) of the Criminal Act (Selection of Imprisonment)

Reasons for sentencing

As the owner of an extracted machine, he/she voluntarily uses a wredrhe/she is a wredrhe/herself, and the injury has not been paid.

did not.

Judges Habcheon-cheon