(영문) 서울동부지방법원 2019.05.16 2019고단37

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(영문) 서울동부지방법원 2019.05.16 2019고단37

배임등

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A defendant shall be punished by imprisonment for six months.

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

1. On March 2014, the Defendant is the owner of a number of 1250,000 won per a unit of accounts and 25 units of accounts, and the victim B is a member of the three units of accounts of the above fraternity.

The Defendant: (a) from March 2014 to January 2016, the Defendant, except for the amount that the Defendant is required to pay from the members of the fraternity in lieu of some of the members of the fraternity, was fully paying the entire amount of the fraternity; (b) so, the Defendant, as the owner of the fraternity, did not pay 59,850,000 won (the amount calculated by subtracting 12,150,000 won in the total amount of KRW 35,70,000 won in the fraternity No. 21, 23, and 36,300,000 won in the amount of KRW 72,00,000 in the amount of KRW 3,985,000 in the amount of KRW 10,000 in the amount of KRW 1,00 on January 2016 and around March 2016, the Defendant paid the remainder amount of KRW 3985,50,000 in the amount of personal debt).

Accordingly, the defendant acquired property benefits equivalent to KRW 39850,00,000, and suffered damages equivalent to the same amount as the victim.

2. From April 2016, the Defendant was operating a number of KRW 1 million per unit of a deposit account, and a number of 20 million per unit of a Gu account from April 2016.

On April 2016, the Defendant: (a) at a place of payment in place, the Defendant: (b) deemed the victim C to have a deposit of KRW 1,00,000,000,000 for the former account; and (c) approved the said payment.

However, from around 2002, the Defendant had been operating an elementary school parent system as a fraternity, and had been forced to suffer a loss equivalent to KRW 100 million due to the failure of investment around 2007. Since from around 201 to around 201, the Defendant borrowed money at the interest rate of 2% per month from the fraternity members and was prevented from returning money to the fraternity and debt, the Defendant did not have the intent or ability to pay the money to the victim as agreed.

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