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(영문) 대전지방법원 천안지원 2017.03.31 2017고정114
배임
Text

The sentence against the accused shall be 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant organized the number system of 21 old units around July 25, 2009, and the victim B is a member who joined the above number system.

On March 25, 201, the Defendant received KRW 4,200,000 from the members of the other fraternity except for Section C (2) and D (4) from the members of the above number fraternity at Asan-si Council around March 25, 2011. On that day, the victim of the 21st curriculum of the above number fraternity was in receipt of the fraternity, and thus, the Defendant was obligated to pay the said fraternity to the victim.

Nevertheless, the defendant did not pay the remaining money to the victim only one million won, thereby acquiring property benefits equivalent to 3.2 million won, and suffered damages equivalent to the same amount by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to inquire about the details of financial transactions (post office accounts), copy of the list of KRW 5 million, copy of the loan certificate, and copy of the statement of self-reliance down payment transaction statement;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the instant crime, comprehensively taking account of the various circumstances shown in the instant trial, including the Defendant’s age, sex, environment, and circumstances, including the following: (a) the victim’s intent to punish the instant crime; (b) the Defendant recognizes and reflects the Defendant’s criminal act; and (c) there is no record of criminal punishment; and (d) the punishment as ordered.

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