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(영문) 광주지방법원 장흥지원 2016.12.08 2016고단165
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around the end of December 2009, the Defendant in breach of occupational trust related to a fraternity group is a company that organized and operates a 20-month contract system consisting of 14 members from the Defendant’s house located in Heung-gun, Seoul Special Metropolitan City, which consists of 20-months, 10,000,000 foot successful bid system. The successful bidder is a company that selected a fraternity from among the fraternity members who wish to receive a fraternity money at will, and the fraternity that received a fraternity money is operated in a manner that additionally pays 10,000 won per unit to the fraternity as interest.

On October 2010, the Defendant received the total sum of KRW 10,600,000 from the members of the fraternity while operating the above successful bid at the Defendant’s house at the end of the end of the month, and the Defendant awarded a successful bid to one of the members of the fraternity and thereby, despite the occupational duty to pay the successful bidder the above KRW 10,60,000,00 to the successful bidder, the Defendant violated that duty and did not pay the said advance to the members of the fraternity in violation of that duty and incurred property damage equivalent to the same amount from March 201 by the same method from the time to the end of March 201, as shown in the List of Crimes (1).

2. On March 2010, the Defendant in occupational breach of trust related to the 2010 fraternity group: (a) around the end of March 2010, the Defendant organized and operated the 20-month successful bid system consisting of 16 members from the Defendant’s house located in Heungung-gun, Jeonnam-gun; and (b) the 20-month successful bid system is the system operated by the method of paying the 100,000 won per unit to the 16th share in an additional amount under the pretext of interest.

On July 2010, the Defendant received a total of KRW 10,300,000 from the members of the fraternity while operating the winning bid system at the end of the Defendant’s house, and awarded the said KRW 10,300,000 to one of the members of the fraternity by winning a successful bid.

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