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(영문) 대전지방법원 천안지원 2018.03.29 2017고정731
배임
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 13, 2015, the Defendant is an owner of an order of 10 million won and 21 old units established by around April 13, 2015.

On October 13, 2016, the Defendant received KRW 7,100,000 from the members of the fraternity, including interest, from the members of the fraternity around October 13, 2016, and thus, the Defendant had the duty to pay it to the victim C (D before the opening of the session) which was designated as the recipient of the fraternity of the said month.

However, the Defendant violated his duties and did not pay the above fraternity money to the victim, and paid 5.1.5 million won to E, which is the cause of the fraternity that joined one half of the Defendant in the old account at around 21 times, and the remainder arbitrarily consumed by the Defendant, thereby acquiring property benefits equivalent to KRW 7.1 million, and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A copy of each balance sheet, the statement of payment of deposits, and the details of passbooks, copies of written confirmation of payment, copies of written notification, and details of payment of fraternitys;

1. The data on the payment of the FF, a copy of the factual confirmation, F’s facility cost and loan, the current status of the borrowed money, and the deposited data [the defendant and his defense counsel asserts as follows:

The Defendant obtained consent to change the victim C and F to 21 old units No. 19, in which the victim C and F entered in the facts charged.

Because of the idea, there was no perception of violation of duties.

However, the Defendant obtained consent to changing F only 19 units to 21 units around the time when the facts constituting the crime were recorded (38 pages of the examination of witness C, page 8-9 pages of the examination of witness F). However, the Defendant himself has managed 19 units as victims of the old unit (the 19 unit units in the table prepared by the Defendant are stated as D(F). “D” means the victim who is the principal name.

The investigation records are 5 pages, and each month, they have been received from victims (see e.g., investigation records 7-17 pages). The witness F also himself.

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