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(영문) 서울남부지방법원 2016.01.13 2015고정1997
배임
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 23, 2013, the Defendant is a leader of the number system consisting of 21 foot 10 million won unit that was organized at the sub-sections of Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around December 23, 2013.

On January 23, 2015, the Defendant received fraternity payments from the members of the fraternity, and therefore, the Defendant had a duty to pay KRW 10 million to the victim C (the remaining and the age of 63) who was designated to receive fraternity payments on the same day, including KRW 10 million and interest KRW 1.8 million and interest KRW 1.8 million.

Nevertheless, the defendant violated his duties and did not pay the fraternity money to the victim, and used it without permission at the residence of the defendant at around that time.

Accordingly, the defendant acquired property benefits equivalent to 11.8 million won in the above fraternity and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Application of the relevant facts confirmation and the statute of payment

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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