logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.09.30 2014고단951
배임등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 5, 2013, the Defendant in breach of trust: (a) at the D restaurant located in the Dong-gu, Gwangju Metropolitan City on February 5, 2013, the Defendant: (b) “The Victim E is obliged to pay the remainder of KRW 36,400,000,000 after deducting the interest rate of KRW 3,640,000,000 from the discount of the discount of the discount of the discount of the discount of the bill from a person who is aware of in the principal on the face of the bill from the victim; and (c) the issuer Company G representative G, the date of issuance on January 30, 2013; (d) the date of payment on April 30, 2013; and (d) the face value of KRW 40,000,000,000,000 to the third party, and

Nevertheless, on February 20, 2013, the Defendant violated his duty and voluntarily offset the obligation to pay the cost of discount and the obligation to pay the cost of equipment rent of KRW 15 million, which the J had been held by the Defendant at the office of “I” located in the H district of Gwangju Mine-gu.

As a result, the defendant violated his duties, thereby causing damages equivalent to the above 15 million won to the victim and acquiring pecuniary profits equivalent to the same amount.

2. Around February 20, 2013, the Defendant: (a) transferred KRW 2,1270,000 to the said “I company” office located in the Gwangju Mine-gu, Gwangju; and (b) transferred the said promissory note discount money from J to the Agricultural Cooperative account in the name of Han Mine Construction Co., Ltd. for the victim; (c) transferred KRW 16 million to the victim around February 21, 2013; and (d) embezzled the remainder of KRW 5,270,000 by arbitrarily consuming it as living expenses, etc. around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to a complaint, a report on an investigation (Evidence List Nos. 6, 7, 8);

1. Article applicable to criminal facts;

(a) Breach of trust: Article 355(2) and (1) of the Criminal Act; the choice of imprisonment;

B. Embezzlement: Article 355(1) of the Criminal Act, choice of imprisonment, etc.

arrow