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(영문) 서울동부지방법원 2014.08.20 2013고단2597
배임
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the facts charged was organized by the Defendant from October 1, 2009 to November 17, 201, 200,000 won per unit, and 26,000 won per unit, and 26,000 won, from November 17, 201, and was active as a leader of the above number system.

Around January 19, 2011, the Defendant, at the coffee shop in Gwangjin-gu Seoul Special Metropolitan City, provided that “A victim shall pay the time limit for the extension to the victim from January 1, 201 to May 201, 201.” The victim succeeded to the status of a member of the fraternity and paid time limit money.”

When the Defendant received the fraternity money as above, the Defendant had a duty to pay KRW 57,500,000 to the victim, which was the cause of the fraternity No. 21 on June 17, 2011.

Nevertheless, the defendant did not pay the above amount to the victim in violation of his duty, thereby acquiring the pecuniary benefits equivalent to KRW 57,500,000, and suffered the loss equivalent to the above amount.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, it is difficult to view that the evidence submitted by the prosecutor alone was the duty to pay the victim the 17th day bonus to the victim on June 17, 2011, and there is no other evidence to acknowledge otherwise.

(1) Although the statement of the defendant from an investigative agency to this court is somewhat inconsistent, its main purpose is that the victim and D did not pay their accounts properly, so they did not pay them.

(2) D은 피고인이 운영하는 번호계 중 22일계(2009. 4.∽2011. 5., 계금을 타기 전에는 월 200만원, 계금을 탄 이후에는 월 250만원을 불입하여 자기 순번에 5,000만원과 일부 이자를 계금으로 받음)에 3구좌[2번(2009. 5. 22.), 10번(2010. 1. 22.), 20번(2010. 11. 22.)], 17일계 2009. 10.∽2011. 11., 계금을 타기 전에는 월 200만원,...

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