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(영문) 의정부지방법원 고양지원 2018.09.13 2018고정648
배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 23, 2015, the Defendant is an owner of an order of 18,400,000 won from the fraternity around January 23, 2015, and 38 old units, and the victim C is a member of an order of 10,000 won from the above fraternity.

By June 23, 2017, the Defendant received KRW 18.4 million from the members of the fraternity from the members of the fraternity, and thus, the Defendant violated his duty to pay the fraternity to the victim, which was the receipter of the fraternity in that month, and thereby, did not pay the said fraternity to the victim, thereby obtaining the pecuniary benefits equivalent to KRW 18.4 million of the said fraternity by using the personal repayment, etc., without paying the said fraternity to the victim, and causing damages equivalent to the said amount to the victim, and did not pay the sum of KRW 36.6 million of the fraternity over three occasions, as shown in the list of crimes in the attached Table, thereby acquiring the pecuniary benefits equivalent to the said fraternity and causing damages equivalent to the said sum to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (second time);

1. Application of C’s additional legislation

1. Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the same Act and Article 355 of the same Act, the selection of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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