(영문) 전주지방법원 2019.05.22 2019노200 | 리걸엔진

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Reasons

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(영문) 전주지방법원 2019.05.22 2019노200

배임

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of mistake of facts and misapprehension of legal principles, the limit organized by the defendant from May 19, 2014 to June 19, 2015 shall be paid from May 19, 2014 to June 19, 2015, and the victim who is the 14th gold recipient shall receive the guidance from the victim on June 19, 2015. As the date and time when the defendant inflicted property damage on the victim is not on July 19, 2015, but on June 19, 2015, the date and time when the defendant inflicted property damage on the victim is not on July 19, 2015. Accordingly, Article 2 of the judgment of the court below is also related to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., as well as the latter part of Article 37 of the Criminal Act, and thus, one sentence against the defendant is to be imposed.

B. The lower court’s sentence (4 months of imprisonment and 4 months of imprisonment with prison labor for each of the crimes of No. 1 in the original judgment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the month in which the victim planned to receive the guidance was in July 2015. Thus, this part of the Defendant’s assertion is without merit.

1) The Defendant, around May 2015, operated the number system in which 11 persons, including the victim, were 11 members of the fraternity, to receive the fraternity by adding interest to the principal amount of KRW 20 million, and the victim subscribed to the fraternity in which the victim received the fraternitys No. 14 from June 2014 to June 13, 2015. The victim appears to have been able to receive the fraternitys of the old account No. 14 in July 2015. 2) The victim paid the sum of KRW 20,040,000 to the Defendant from June 10, 2014 to July 10, 2015.

In July 2015, which is the month in which the victim receives the guidance money, the guidance money shall be paid once in May 2015.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형법 제37조

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