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(영문) 의정부지방법원 고양지원 2015.09.10 2015고단1054
업무상배임등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On February 1, 2010 and March 11, 2011, the Defendant organized two serial numbers at the Defendant’s residence located in Goyang-gu Yangyang-gu, Goyang-gu, Goyang-si, Yangyang-si, and the Defendant was in charge of the Defendant’s tasks by receiving monthly guidance from the fraternity members and managing them.

The Defendant violated the duty to manage the foregoing fraternitys and pay the fraternitys to the fraternitys on the designated date, and did not pay KRW 10 million to the victim D who should receive the fraternitys around November 26, 201, and around that time, the Defendant acquired the financial benefits by using the sum of KRW 112 million,00,000,000 to be paid to the victims as stated in the list of crimes 1, and to manage the fraternitys for the payment of the fraternitys as stated in the list of crimes.

2. On June 21, 2010, the defrauded: (a) at the Defendant’s house as indicated in the preceding paragraph of the preceding paragraph, the Defendant, even though the Defendant did not have any other property and was planning to use the money to repay the money to the victim D, and thus did not have the ability to repay the said money to the victim D; (b) by falsely stating that “a person who borrowed KRW 20 million shall pay three interest if he/she borrowed the money, and shall pay the money at any time if he/she wishes to do so; and (c) received KRW 20 million from the victim D, and acquired it as stated in the attached Table 2, as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective police protocol protocol to E, F, G, D, H, and I

1. The choice of imprisonment, in accordance with Articles 356 and 355 (2) of the Criminal Act, and Article 347 (1) of the Criminal Act, with labor for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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