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(영문) 서울중앙지방법원 2013.09.11 2013고정2769
업무상배임
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant from June 14, 2012 to the same year.

9. Until June 1, 2006, it is a guidance that manages and pays the fraternity from a single name number of 13 foot 10 million won organized within the limit of 1006,000 won in the Gwanak-gu, Seoul Special Metropolitan City.

1. The Defendant received all fraternity payments from the above number fraternity members, and on August 30, 2012, the Defendant had a duty to pay KRW 5,250,00 to the injured party D, which is the 12th fraternity designated to receive fraternity payments from the above number fraternity members, around August 30, 2012.

Nevertheless, the Defendant violated his occupational duties, provided 4.10,00 won out of the fraternity and did not pay the remainder 8.440,000 won to the victim, and around that time, consumed it as living expenses, etc. in the Defendant’s residence, etc., and acquired pecuniary benefits equivalent to KRW 8.44,00 and sustained damages equivalent to the same amount to the victim.

2. Since the Defendant received all fraternity payments from the above number fraternity members, the Defendant, as the owner of a fraternity, had a duty to pay KRW 5,250,000 to the said victim, which was the 13rd fraternity, designated as the owner of a fraternity around September 6, 2012 as the owner of a fraternity, at the same place as the above paragraph (1).

Nevertheless, the Defendant violated his occupational duties and did not pay 5,250,000 won to the victim, and around that time, consumed it as living expenses, etc. in the Defendant’s residence, etc., obtained pecuniary benefits equivalent to KRW 5,250,000,00 and sustained damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 356 of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the applicable criminal facts, the choice of fines;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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