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(영문) 춘천지방법원 원주지원 2012.09.18 2012고단27
업무상배임
Text

A defendant shall be punished by imprisonment for not less than five months.

The defendant shall pay 20 million won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

around March 2009, the Defendant is a leader of the KRW 20 million number system organized in the “E” operated by the Defendant in the underground commercial buildings of the D market in the Hanju-si.

Since the Defendant received the payment from the members of the fraternity in the above E, there was a duty to pay KRW 20 million to the victim C, which was designated as the recipient of the fraternity on February 1, 2010.

Nevertheless, the Defendant violated his duty and consumed the Defendant’s personal debt repayment and living expenses, etc. at that time, thereby acquiring pecuniary benefits equivalent to KRW 20 million and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (2) of the Criminal Act which choose a penalty;

2. The reason for the sentencing of Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Declaration of Provisional Execution [the scope of recommending punishment] The crime of embezzlement and breach of trust, the amount of less than 100 million won, the basic area, and the term of imprisonment with prison labor for not less than 4 months and not more than 1 years and not more than 4 months [the decision of sentence] Defendant did not pay a fine of 20 million won or less, even if the injured party, who is a small merchant, acquired the right to receive a fraternity by paying the fraternity for one year a day, and it appears that the injured party did not endeavor to recover the damage even after the considerable period has elapsed, and considering the fact that the injured party who did not receive the amount of damage at all wishes to be punished against the accused, it is inevitable to make a short sentence as stated in the order of

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