(영문) 수원지방법원 2016.01.14 2015고단4377

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(영문) 수원지방법원 2016.01.14 2015고단4377

업무상배임등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 5, 2012, the Defendant organized the number system of KRW 21 of the old unit, KRW 19 of the fraternity, and KRW 2.5 million of the monthly deposit per the old unit from the D Operation of Defendant located in Young-gu, Suwon-si, Suwon-si.

1. The Defendant in breach of trust against the victim E in the course of operating the above number system, received from the members of the fraternity, and paid 50,000,000 won and the amount of interest per unit under the pretext of guidance to the members of the fraternity who correspond to each number.

Nevertheless, the Defendant did not pay KRW 63,500,000 to the victim E for the same day, in violation of his/her duties, and consumed it under the name of the Defendant’s debt repayment, living expenses, etc. at that time.

As a result, the Defendant acquired financial benefits equivalent to KRW 63,500,000 from the above fraternity, and inflicted damages equivalent to the same amount on the victim.

2. Around February 5, 2013, the Defendant against the victim F stated in the above D that “the victim F will pay KRW 24,625,000,000,000 except for the amount paid by G on April 5, 2014, when he/she joined the 0.5 unit of equity, he/she would not have the ability to pay KRW 21,00,000, which is the last number G (H).”

However, when the defendant cannot pay the fraternity to some members, the defendant attempted to pay the fraternity to the members with the money received from the victim as the victim became the 21st fraternity member, and even if he received the fraternity from the actual victim, he did not have the intent or ability to pay the fraternity to the victim.

Nevertheless, the Defendant, as seen above, obtained a total of KRW 17,500,000 from February 5, 2013 to March 5, 2014 from the victim by deceiving the victim, thereby deceiving the victim.

Summary of Evidence

[Judgment 1] 1.0

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