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(영문) 수원지방법원 성남지원 2019.05.08 2018고정1299
배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant organized and operated a monthly payment of KRW 500,000 and a 21 unit number system from March 10, 2010.

The Defendant, around May 10, 201, started a new fraternity in Guro-gu Seoul High-dong, Guro-gu, Seoul, and collected the payment from the members of the fraternity as an owner of the fraternity, and thus, the Defendant was required to faithfully pay the fraternity to the members. Nevertheless, the Defendant violated his/her duty and did not pay KRW 10 million to the victim B around January 10, 2013.

Accordingly, the defendant acquired property benefits equivalent to KRW 10 million, and suffered property damage equivalent to the same amount as the victim.

2. The Defendant organized and operated a monthly payment of KRW 500,000 and a 21 unit number system from July 5, 2012.

Although the Defendant, as a leader, collected fraternity payments from the members while operating the fraternity, it is necessary to pay fraternity payments in good faith to the members of the fraternity, the Defendant violated his/her duty and received KRW 6.2 million from the victim from the victim on January 10, 2013, even though he/she received KRW 6.2 million from the victim on January 10, 2013, the Defendant did not pay fraternity payments to the victim once he/she receives the fraternity payments.

Accordingly, the defendant acquired property benefits equivalent to KRW 6.2 million, and suffered property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to notify data on financial transaction status;

1. Article 355 (2) and (1) of the Criminal Act (Selection of Fine) concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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