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(영문) 서울서부지방법원 2012.11.08 2012고단1876
배임
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is operating a planning company, such as public performance, a planning company, and from July 29, 201 to the same year.

8.7. by July, planning and promoting E-performances held in D.

On February 1, 2011, at the victim G office located in Mapo-gu Seoul Metropolitan Government, the Defendant entered into a contract with the victim to receive investment of KRW 100 million in cash on condition that 20% of the profits will be paid for the purpose of raising insufficient performance funds, and agreed to provide the victim with musical instruments equivalent to the market price of KRW 200 million, such as the attached list owned by the Defendant in order to guarantee the principal (Provided, That the Defendant continues to possess and use the musical instruments, and so-called “a weak meaning transfer security”).

Pursuant to the above agreement, the Defendant received from the victim the amount of KRW 20 million on February 1, 201 from the account of community credit cooperatives (Account Number:H) in the name of the Defendant, and KRW 80 million on February 15, 2011, respectively, and accordingly, there was a duty not to dispose of the principal of the investment to the victim as security until he/she has repaid the principal of the investment.

Nevertheless, around March 201, the Defendant violated the above duties and transferred the above musical instruments to K, the business owner of the Defendant Company, a trading company, at the Defendant’s office located in Mapo-gu Seoul Metropolitan Government I, under the pretext of accord and satisfaction, etc. in the debt amount of KRW 35 million.

Accordingly, the defendant acquired property benefits equivalent to KRW 200 million at the above malicious market price, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. K's certificate of fact;

1. Application of Acts and subordinate statutes of one copy of an investment contract, details of receipts, and details of malicious equipment;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is a large amount of damage, and the defendant is disadvantageous to his/her failure to repay the damage.

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