(영문) 대전지방법원 2020.08.20 2019고단2102

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(영문) 대전지방법원 2020.08.20 2019고단2102

배임

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Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On July 4, 2010, the Defendant, organized at C cafeterias located in Daejeon Jung-gu, Daejeon, operated the system in such a manner as to pay the sum of KRW 400,000 per month from the fraternity members, and to pay the sum of KRW 400,000 per month from the fraternity members according to the sequence they wanted to receive, and to perform duties for the fraternity members.

On June 24, 2012, the Defendant received from 18 victims indicated in the annexed list of crimes, such as the victim E, etc., the payment amount corresponding to the monthly payment of each victims during the “payment period” indicated in the annexed list of crimes.

Accordingly, the defendant as the leading owner determined the date of receiving the fraternity to the victims within the time the fraternity ends, and paid the fraternity money determined by the sequence of receiving the fraternity money for each unit. In particular, from June 24, 2012 to August 24, 2012, the defendant as the leading owner had the duty to pay the total amount of KRW 250,000,000 and interest for the total amount of 25 old accounts in which the victims joined from June 24, 2012 to August 24, 2012.

Nevertheless, the Defendant violated the above duties and did not pay an advance to the victims around June 24, 2012.

Accordingly, the defendant violated his duty as a leading owner, thereby causing damages to the victims of the above 25 old accounts and acquiring financial benefits equivalent to the same amount.

Summary of Evidence

1. Each legal statement of the defendant in F, E, G, H, I, J, K, L, M, N,O, P, and Q, respectively;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made by the police with respect to F, the statement of the complaint filed by the police with respect to F, U, N,O, P, and Q, and a statement of passbook transaction;

1. The table of evidence is called “the table”, and the table is called “the table.”

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