(영문) 대구지방법원 안동지원 2015.03.27 2014고단1060

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(영문) 대구지방법원 안동지원 2015.03.27 2014고단1060

배임등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant organized and operated the number system of KRW 10 million from January 2013 to December 2013, 2013, 770,000,000 won, 12 old accounts, and one time deposit account.

The Defendant, as a leader, received all fraternity payments from the fraternity members around November 30, 2013, and therefore, there was a duty to pay KRW 10 million to the injured party B, which is the cause of the previous account, designated as another fraternity member on the same day.

Nevertheless, the Defendant did not pay the amount of money to the victim in violation of his duties, and then arbitrarily consumed the amount of money to pay the Defendant’s personal debt at around that time, thereby acquiring pecuniary benefits equivalent to KRW 10 million and causing damage equivalent to the same amount to the victim.

"2014 Highest 1074"

1. On July 2012, the Defendant: (a) operated the Defendant’s house at Ansan-si, Seoul apartment 202 Dong 508, and the number of accounts to pay KRW 10 million each month from the fraternity members from January 2012 to December 2012; and (b) made a false statement to the victim D, who is a party to the former account, of KRW 10 million, even though he/she paid KRW 10,000,000 to the victim, who is a party to the former account at KRW 7,000,000,000,000 to the victim.

However, at the time, the Defendant had to pay the amount of 50 million won over debentures by children. Since there was no other special property, the Defendant did not have any intent or ability to return the same as the promise, even if he borrowed the same money from the victim.

The defendant did not pay a fraternity by borrowing 10 million won from the victim.

In addition, the Defendant did not pay a total of KRW 20 million to the victim on August 2012, 200, because he/she belongs to the victim by the foregoing method and did not pay KRW 10 million to the victim on two occasions.

In this respect, the defendant deceivings the victim to use his property.

유사 판례

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