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(영문) 창원지방법원 통영지원 2018.02.08 2017고단1758
배임
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is that the Defendant, on January 19, 2016, had the duty to pay KRW 40,000,000 to the victim E who is the cause of the accounting, at the “Del” operated by the Defendant at the time of macroscoping around January 19, 2016, the Defendant breached the duty to pay the said KRW 4,000,000 from the members of the first successful bid bid that he organized, and acquired profits equivalent to the said amount and sustained damages equivalent to the said amount by using the said KRW 40,00 as the successful bid price

2. Determination

A. The burden of proof for the facts constituting an offense prosecuted in a criminal trial shall be borne by a public prosecutor, and the conviction shall be based on evidence with probative value sufficient to conclude that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to guilt against the Defendant, it shall be determined with the benefit of the Defendant (Supreme Court Decision 200Do1151 Decided July 22, 2010). (B) According to the evidence duly adopted and examined by the court, the victim shall be deemed to have been awarded the total of KRW 11,00 won for three successful bidders operated by the Defendant as the lead - KRW 11,00,000, KRW 16,000,000, KRW 16,000,000, KRW 16,000,000, KRW 16,000,000, KRW 16,000,000, KRW 16,016,00,000.

However, the following circumstances recognized by the evidence duly adopted and examined by the court are ①.

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