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(영문) 대전지방법원 홍성지원 2015.04.10 2015고정72
배임
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 19, 2009, the Defendant made 12 old units and 3 million won a single deposit.

On April 19, 2012, the Defendant received a total of KRW 34 million from 17 members of the fraternity, such as the victim C, etc. on April 19, 2012, and thus, the Defendant had a duty to pay the said fraternity to the victim who should receive the fraternity money on the same day.

Nevertheless, the Defendant violated his duties and did not pay KRW 21 million, which is a part of the fraternity, to the victim, and subsequently consumed the fraternity in the name of repayment of personal debt at around that time, and acquired pecuniary benefits equivalent to KRW 21 million, and sustained damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the Gyeyang List and a written confirmation of facts;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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