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(영문) 광주지방법원 순천지원 2020.05.14 2018고정486
배임
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 20 days shall apply.

Reasons

Punishment of the crime

On April 21, 2017, the Defendant is a leader of a number of 13 pages of 5 million won in a c cafeteria located at the net city B around 21, 2017.

On April 21, 2018, the Defendant received KRW 4,80,000 from the members of the above C cafeteria, and thus, the Defendant was responsible for paying KRW 4,90,000,00,00,00,000,00,000,00,000,000,000,000 from the members of the said C cafeteria around April 25, 2018 to the victims D, who were designated to receive the guidance money around April 25,

Nevertheless, the defendant did not pay the fraternity to the victim in violation of his duties, thereby acquiring pecuniary benefits equivalent to KRW 4.9 million and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. The application of Acts and subordinate statutes to the ledger copy; and

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, character and conduct, environment, criminal records, motive and background of the crime, means and results thereof, and the circumstances after the crime (in particular, most of the damages) shall be determined by taking into account all the factors of sentencing as indicated in the trial of this case as ordered.

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