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(영문) 의정부지방법원 고양지원 2014.08.29 2013고단2161
배임
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 2010, the injured party C transferred the ownership of subparagraph 402 of the Gangseo-gu Seoul Metropolitan Government DD House to E, and instead, the injured party C received from E the whole and the right of lease (a security deposit 30 million won) for the above party hall facilities established in the "G party club" located in the "G party club in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul. However, the name of the lease contract was in the future of the defendant, a male-child-friendly relationship with H at the time of death.

On December 25, 2010, the Defendant: (a) paid to the victim and KRW 700,000 per month from May 25, 201 to May 201; and (b) paid to the victim one million won per month from the date of sale of the above party hall; and (c) agreed, subject to the Defendant’s acquisition, to operate the right of operation, including the whole facilities of the above party hall and the right of lease, entrusted by the victim

When the Defendant was operating the above party hall in accordance with the above agreement, on August 24, 2011, upon delegation from the victim on the right to operate the party hall, including the whole facilities and the right to lease, and if the Defendant transferred the right to operate the party hall to a third party, he/she shall pay 70 million won out of the price to the victim, and if it is not so, the Defendant paid the victim KRW 30 million up to December 31, 201, and KRW 40 million up to March 30, 201, and then transferred the right to operate the party hall from the victim.

Accordingly, the Defendant received KRW 90 million from I on February 1, 2012, and transferred the right of operation of the above party room facilities, such as 12, curatives, and small wave, and embezzled by arbitrarily using the victim, such as paying KRW 20 million to the victim and using the remainder of KRW 50 million as a cost of living, or lending it to H.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused prepared by the public prosecutor;

1. C’s legal statement;

1. The defendant, the defendant, and the defendant of a written agreement, a detailed statement of passbook transactions, and a written agreement.

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