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(영문) 서울북부지방법원 2015.10.27 2015고정1982
배임
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On March 3, 2012, the Defendant organized a “C” restaurant operated by the Defendant in Dongdaemun-gu Seoul, Seoul, a total of KRW 20,000,000,000,000 won per month, and KRW 10,000,000,000.

From March 3, 2012 to August 5, 2013, the Defendant received 500,000 won monthly payment from the victim D and E, a cause of the fraternity that entered into a semi-defluence, and received 100,000 won monthly payment from the victim around September 5, 2013. However, the Defendant violated his/her duty and used the same amount to the victims as the Defendant’s living expenses, etc. without paying the said monthly payment to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the details of complaint, loan certificates, and deposit payments;

1. Relevant provisions of the Criminal Act and Article 355 (2) and (1) of the Criminal Act concerning the crime. Article 355 (2) and (1) of the same Act concerning

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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