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(영문) 서울중앙지방법원 2013.05.28 2012고단6263
배임
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant paid KRW 3,40,000 per 15th day from October 15, 2009 to March 15, 2012, and paid KRW 10,200,000 per 15th day of each month from October 15, 2009 to March 15, 2012, and paid KRW 10,000 per 30,000 per 10,000 won for each month thereafter, and the 10th day from the 10th day to the 30th day of the 10th day from the 15th day of the 201st day to the 10th day of the 30th day of the 20th day.

Therefore, the defendant has the duty to protect and manage the fraternitys received from the fraternitys and pay the fraternitys to the fraternitys on the designated date.

Nevertheless, the Defendant, in violation of his duties, arbitrarily lent the amount of money that the Defendant received from the members of the fraternity, to C on February 15, 201, which was known to the general public, as KRW 32 million, KRW 30 million on March 15, 2011, KRW 30 million on March 15, 201, KRW 12 million on April 15, 201, and KRW 15 million on May 15, 201, thereby obtaining property benefits to C, and suffered property damage equivalent to the same amount as the victim D, E, F, and G.

"2013 Highest 1265"

1. The Defendant in breach of trust against the victim H pays KRW 3,40,000 won to the 30th day of June 30, 2008 to April 30, 201, and the first person to the 30th day of the month is paid KRW 10,200,000 to the other person, while the 10th day of the 10,000 won to the 100,0000 won to the 10th day of the monthly deposit, the 20th day of the 100,000 won to the 10,0000 won to the 10th day of the deposit, and the 13,100,000 won to the 30th day of the 30th day of the 30th day of the 2011.

From June 30, 2008 to March 30, 201, the Defendant received KRW 10,200,000 from the victim H, who joined the said 1st unit of accounts, to receive KRW 30 times payment from the Defendant’s home, etc., located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and thus, the Defendant was obligated to protect and manage the deposit amount received from the fraternity members and pay the deposit amount to the victim on the designated date.

Nevertheless, .

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