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(영문) 서울중앙지방법원 2014.12.24 2014고단7561
배임등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant in breach of trust is the subject of a number of 11 accounts organized around December 25, 2012, and a number of accounts worth 19.7 million won.

On October 25, 2013, the Defendant was liable to pay the Defendant’s fraternity 1.7 million won and 2 million won of the Defendant’s fraternity E in the above number fraternity at a D cafeteria located under the Gangnam-gu Seoul Metropolitan Office Officetel, and received the total sum of the fraternity 16 million won from the remainder of the fraternity, and the above number fraternity was terminated. Thus, the Defendant was liable to pay the fraternity 1.7 million won in the last sequence to the victim F.

On October 31, 2013, the Defendant, in violation of the above duties, paid 4.8 million won out of the above fraternity to the complainants, and did not pay the remainder 1.2 million won, thereby acquiring property gains equivalent to KRW 1.1.2 million and causing damages equivalent to the same amount to the victim.

2. On August 25, 2013, the Defendant embezzled and embezzled 10 million won as a result of the Defendant’s repayment of the Defendant’s debt to the Victim F in the aforementioned D restaurant, which was issued by E as the part of the Defendant’s repayment of the Defendant’s debt to the Victim F, and was kept in custody on behalf of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Current status of fraternity dues and plan for repayment of fraternity dues;

1. Application of Acts and subordinate statutes governing custody certificate;

1. Relevant Article 355(1) of the Criminal Act, Article 355(2) and (1) of the Criminal Act, and Article 355(1) of the Criminal Act, and each choice of imprisonment with labor for the crime;

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] No basic area (4-100 million won or less) (4-100 million won or less) [the decision of sentencing] 6 months (the decision of sentencing shall be made in consideration of the fact that the criminal is denied and the fact that the defendant has not made efforts to recover damage while denying the fact of committing the crime and has not made efforts to recover damage]

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