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(영문) 인천지방법원 2015.12.11 2015고정3257
배임
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is about KRW 5 million, KRW 20,000, KRW 2000,000 organized in June 2010, KRW 10,000 and KRW 15,000,000 organized in December 2010.

1. On June 20, 2010, the Defendant received KRW 5,000,00,000 from the office of the Seo-gu Incheon Defendant C to receive KRW 5,000,00 from the Defendant’s office of Seo-gu Incheon and KRW 20,000,00,000, respectively.

When the Defendant received the same amount, the Defendant had a duty to pay the amount of KRW 5 million to the injured party B, which was nine times prior to March 20, 2011, in violation of his/her duty, even though he/she had a duty to pay the amount of KRW 5 million to the injured party B, the Defendant takes out the pecuniary benefits equivalent to the said amount by lockeding the amount without paying it to the injured party in violation of

2. On December 15, 2010, the Defendant, at the same place as the above-mentioned 1, 2010 paragraph (1), formed a total of KRW 10 million and KRW 15 million with 11 accounts, and received KRW 1 million from the members of the community.

When the Defendant received the same fraternity, the Defendant, on March 15, 201, had a duty to pay the fraternity amount of KRW 10 million to the victim D, which was four times of the escape from March 15, 201, but had a duty to pay the fraternity amount of KRW 10,000,000 to the victim D, in violation of his duty, thereby taking property profits equivalent to the above amount by locking the fraternity amount without paying it to the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 355 (2) and (1) of the Criminal Act and the choice of punishment for the crime, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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