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(영문) 춘천지방법원 강릉지원 2014.10.14 2014고단699
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 17, 2006, from February 17, 2008 to February 17, 2008, the Defendant in breach of occupational trust is a person who is the subject of so-called “numbering system” in which the Defendant pays the amount of KRW 20 million to 20,000,000,000 for each unit of the victim C and 20 other as a fraternity.

Around January 17, 2008, the Defendant received KRW 20 million from the above number fraternity members at E restaurant located in Dong-si, Dong-si, Dong-si, and thus, the Defendant, as the fraternity owner, did not pay KRW 20 million to the victim C, who was the receipter of the fraternity No. 20, but did not pay the above fraternity to the victim in violation of his duty and did not pay the above fraternity to the victim, thereby incurring property gains equivalent to the above fraternity amount and suffered property damage.

B. Around February 17, 2008, the Defendant received KRW 20 million from the above number fraternity from the above number fraternity at the same place, and thus, the Defendant, a transferor, was the Defendant, despite the duty to pay KRW 20 million to the victim F, who was the receiver of the fraternity No. 21, designated, the Defendant did not pay the above fraternity to the victim in violation of such duty, thereby taking property gains equivalent to the above fraternity, and suffered property damage equivalent to the above amount.

2. Fraud;

A. A. Around December 2007, the Defendant made a false statement to the effect that “Around December 2007, the Defendant would make a payment to the victim without a molding from the off sequence if the Defendant paid KRW 1,00,000 per month to operate the 20,000 foot mold within the “I minute store” of the victim H operation in the East Sea.

However, at the time of fact, the defendant had no intention or ability to pay the money normally to the victim because it is difficult to set up another system even if it comes due to the financial standing of some members due to the financial standing of the above 1.

The Defendant is identical to this.

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