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(영문) 대전지방법원 홍성지원 2017.07.26 2016고단935
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around June 2014, the Defendant operated “D” in the North-gun C, the Defendant organized “successful bid” in the way that a member of the fraternity, who first received the successful bid payment and presented the highest interest from the next successful bid payment, set forth KRW 1,500,000 for each month against surrounding merchants.

1. Crimes related to the ten-day guidance;

A. A. Around June 10, 2014, the Defendant in occupational breach of trust organized 22 old accounts, 33,000,000 won from D’s above “D” (monthly payment of KRW 1,500,000). Around October 10, 2015, the Defendant received an advance payment from the fraternity members of the successful bidder’s successful bidder’s successful bidder’s successful bidder’s outstanding payment of KRW 8,150,00,000 (33,00,000, interest of KRW 8,150,000 - KRW 150,000,000 - KRW 150,000 - KRW 150,000,000 - KRW 20,000 from the successful bidder’s successful bidder’s successful bidder’s outstanding payment of KRW 30,00,00 for the same purpose and payment of property damages to the victim.

B. On June 10, 2014, the Defendant: (a) the sum of the obligations at the time was at least 70,000,000 won; (b) the sum of interest on borrowed money and the total amount paid each month was at least KRW 8,600,000; and (c) once the Defendant was planned to operate the said successful bid system in a way of “return prevention” under the name of “the first time to receive the money from the successful bidder from the said successful bidder in the future by receiving the money from the first time and using the money from the said successful bidder in the future; and (d) it was planned to operate the said successful bid system in the manner of “the first time to prevent a return,” such as granting the money paid by all members to the successful bidder; and (e) even if there was no intention or ability to operate the said successful bid system, the said successful bidder is organized as stated in the foregoing paragraph (a).

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