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Reasons
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(영문) 서울북부지방법원 2019.06.19 2018고단4808
배임
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant recruited the members to join the number fraternity operated by B, and the Defendant joined as the members of the fraternity, but the payment amount of the fraternity of the relevant old account was paid to B through the Defendant, and if the order of payment of the fraternity is established, the Defendant served as the so-called middle guidance that the Defendant received the fraternity from the state B and paid it to the members of the fraternity recruited by the Defendant.

around January 2015, the Defendant joined the number No. 19, 20, and 21 units of the victim E at the request of the victim E, and the Defendant received KRW 1,200,000 per month from February 2, 2015 to July 2016, and paid KRW 7,50,000 per month to B from August 2016. Thus, the Defendant, the intermediate owner, who received KRW 1,015,000 from September 2016, and KRW 1,060,000 from November 2016, was paid to the victim, respectively.

Nevertheless, on February 2, 2017, the Defendant expressed to B an intention to offset the Defendant’s unpaid obligation against the Defendant’s unpaid obligation without receiving 6 million won (1.5 million won x 4 times) from B in the limit amount which the Defendant must deliver to the victim without the consent of the victim, which is KRW 3,1350,000,000,000 (1.5 million x 53550,000), thereby causing property damage equivalent to KRW 2,5350,000,000,000 to the Defendant, and the Defendant acquired property profit that discharges the Defendant’s liability equivalent to the said amount.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each prosecutor's protocol of examination of part of the accused (including the statement of E);

1. The suspect interrogation protocol of some police officers against the defendant;

1. The prosecutor's statement concerning B;

1. Statement to E by the police;

1. A complaint filed by E;

1. Details of each deposit transaction, details of deposit transaction, certificates of deposit transaction, investigation report, and details of passbook transaction;

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