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(영문) 인천지방법원 2014.09.24 2014고단74
업무상배임
Text

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

except that 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

The Defendant is a person who managed the money of C with the husband of C, who is the 20-day (36-day account, 600,000 won per old unit) that began on December 20, 2010, and was awarded a successful tender by stating the amount that he/she wants to receive by the so-called "successful bid," and thus, the fraternity who has won a successful tender shall pay the amount of KRW 600,000 from the month of the successful tender to the fraternity, and only the remaining amount calculated by subtracting the deducted amount paid by the successful bidder from each of the 600,000 won divided by the number of persons who failed to receive the successful tender, from each of the above amounts, from each of the above amounts of KRW 21,600,000.

The Defendant, in collusion with C on October 20, 201, entered the amount of KRW 18,324,00 in the account book as if he/she had been awarded a successful bid in violation of the duty to pay KRW 18,324,00 from the above 20-day fraternity members at the Defendant’s house located in Incheon Strengthening-gun, Incheon, and entered it in the account book as if he/she had been awarded a successful bid of the fraternity E, and in fact, the Defendant acquired the same amount of property benefits, and incurred losses equivalent to the same amount of property benefits from the actual successful bid in the month, and thereafter, from that time until October 20, 2012, from that time, the Defendant received total amount of KRW 165,290,500 from the fraternity members and handled the successful bid on the grounds of other fraternity members. The Defendant actually acquired a substantial amount of property gains from the actual successful bid and suffered a substantial loss in the actual amount of property of the same won.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution C;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 356, 355 (2) and 30 of the Criminal Act inclusive of the relevant Articles of law and the choice of punishment for the crime, the choice of imprisonment;

1. The Criminal Act, the suspension of execution;

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