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(영문) 서울중앙지방법원 2020.05.20 2019고단8380
업무상배임
Text

Defendant shall be punished by a fine of four million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

[Criminal Power] On August 21, 2013, the Defendant was sentenced to a suspended sentence of four months for fraud at the Seoul Central District Court, and the judgment became final and conclusive on August 29, 2013.

【Criminal Facts】

From 2006 to 2006, the Defendant has been organized a number of colons or winning prizes while operating a timeline in the Gwanak-gu Seoul Special Metropolitan City.

1. On October 9, 2009, the Defendant: (a) at the time room in Gwanak-gu, Seoul Special Metropolitan City, the victim B paid the credit amount of KRW 2.5 million each week; and (b) purchased the credit amount of KRW 2.5 million from October 9, 2009 to December 11, 2009 from the victim; (c) the Defendant, the owner of the credit, had a duty to return the credit amount of KRW 3 million paid or received from the victim around December 18, 2009, as the credit amount payment date promised by the victim.

Nevertheless, on December 18, 2009, the Defendant violated the above occupational duties, and did not pay KRW 3 million to the victim, but did not return the deposit amount of KRW 2.5 million paid by the victim, thereby obtaining property gains equivalent to KRW 2.5 million, and suffered property damage equivalent to the said amount by the victim.

2. On November 18, 2009, the Defendant: (a) around 18, 2009, at the office described in the foregoing paragraph (1) above, had the said victim pay the deposit amount of KRW 4,250,000,000 each ten times per month; and (b) received KRW 4,250,000 from the victim around November 18, 2009; (c) the Defendant, as the owner of the fraternity, had a duty to pay KRW 50,000,000 or KRW 4,255,00,000,000 paid or received from the victim by continuously operating the fraternity, on February 18, 2010.

Nevertheless, the Defendant violated the above occupational duties and paid the Defendant a sum of KRW 50 million to the victim around February 18, 2010.

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