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(영문) 전주지방법원 2015.10.16 2015고단542
배임등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant organized and operated a successful bid system in around 2010 prior to the date of 2010. However, due to the occurrence of damages, such as failure to pay the fraternity, the amount of debt borrowed with bonds has already been KRW 170,000,000,000,000,000 at the market price in Kim Jong-si, while there was no special property except for detached houses (mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed apartment bonds worth KRW 65,00,000,000 and KRW 37,000,000,000,000,000 won, and thus, the Defendant did not have any intention or ability to pay the fraternity even if having received the payment from the fraternity, and did not intend to receive the payment from the fraternity and pay the existing debts by receiving the new successful bid at one time after organizing a new limit.

1. On or before July 21, 2012, the Defendant: (a) on or around July 21, 2012, at the “F” restaurant operated by the victim E by Kim Jong-si even though he/she had no intent or ability to pay the fraternity even if he/she received the fraternity from the fraternity; (b) on or around July 21, 2012, the Defendant paid the fraternity of KRW 1,00,000 per unit (31,00 won = 310,000 won per unit x 1,000 won); and (c) on or around July 21, 2012, it is evident that the Defendant would normally pay the fraternity of KRW 1,20,000 per unit from the date following the month when he/she received the fraternity; and (d) on July 21, 2012, from the victim, he/she is indicated as the amount of damage on July 21, 2012 as indicated in the facts charged.

up to 27 times written in the facts charged is clear that the 25 times written in the indictment is a clerical error.

Throughout the past, the sum of 50,000,000 won was obtained and acquired through deception.

2. On November 10, 2013, the criminal defendant involved in the successful bid bid is not willing or ability to pay the fraternity even if he/she receives the fraternity payment from the fraternity members as above. The victim described in paragraph 1 of this Article is the victim on November 10, 2013.

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