(영문) 서울북부지방법원 2015.03.12 2014고단3058

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(영문) 서울북부지방법원 2015.03.12 2014고단3058

배임

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

around July 15, 2009, the Defendant’s share in the number of 50 million won per 50 million won per foot (1.250,000 won after the receipt of the fraternity) organized by the Defendant’s father and wife’s husband and wife in Dongdaemun-gu Seoul.

1. On February 15, 2013, the Defendant committed the crime on February 15, 2013, received KRW 52,500,000 from the said members of the said office around February 15, 2013, from the said members, the Defendant had the duty to pay KRW 52,50,000,00 to the victim E, which is the 43th day designated as the other party to pay the fraternity on the same day.

Nevertheless, the Defendant violated his duties and did not pay 10 million won out of the fraternity money to the victim, and used it without permission from the above office around that time, as the fraternity money, etc. of another fraternity operated by the Defendant.

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

2. On April 15, 2013, the Defendant committed the crime on April 15, 2013, received KRW 52,500,000 from the said members from the said members of the office around April 15, 2013. As such, the Defendant had the duty to pay KRW 52,50,000 to the said victim, which was the cause of the foregoing 45th day designated as the other member of the office.

Nevertheless, the defendant violated his duties and did not pay the fraternity money to the victim and used it without permission from the above office around that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 52,500,000,000, and suffered damages equivalent to the same amount as the victim.

3. On May 15, 2013, the Defendant committed the crime of May 15, 2013, received KRW 56250,00 from the said members of the said office around May 15, 2013, the Defendant had the duty to pay KRW 56,250,000 to the said victim, which was designated as another member of the said office, on the same day.

Nevertheless, the defendant violated his duties and did not pay 53.7 million won out of his fraternity money to the victim at that time.

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