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(영문) 서울동부지방법원 2013.10.24 2013고단1406
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has organized the 50-gu number system around the end of 2007.

On November 25, 2011, the Defendant received a deposit amount of KRW 30 million from the members of the fraternity in a D restaurant located in the Seoul Jung-gu Seoul Central District Office around November 25, 201, and thus, the Defendant is obliged to pay a deposit amount of KRW 43.5 million on the same day to the victim E.

Nevertheless, the Defendant did not pay the above money to the victim in violation of his duties and used the Defendant’s repayment of debt to the Defendant’s check of the number of units on October 2010, thereby acquiring pecuniary benefits equivalent to KRW 30 million and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaint;

1. Application of Acts and subordinate statutes to the amount obtained by deceit (EF account), details of financial transactions, and copies of the statement of shares per unit;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act;

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