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(영문) 수원지방법원 2018.01.09 2017노6289
배임
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles: (a) The victim is a member of the Gu unit 20 times that he joined and managed by the interim fraternity E; (b) the defendant is merely obligated to pay the fraternity to E, and cannot be deemed as bearing the obligation to pay the fraternity to the victim.

② In addition, while the Defendant joined the old accounts Nos. 4, 15, and 20, and paid the old accounts, the Defendant did not pay the old accounts no more than 20 times since August 2015, since he did not pay the old accounts no more than 4. Thus, the Defendant did not intend to commit a breach of trust against the victim.

(3) Furthermore, even if the defendant is liable to pay a bounty to the victim, the defendant is liable to pay the bounty only to the sum corresponding to the sum paid directly by the victim without going through E.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant also asserted the same purport as the grounds for appeal, and the lower court, comprehensively taking account of the circumstances as indicated in its reasoning, held that the victim, from July 2015 to July 2015, was in the position of a fraternity in relation to the Defendant by taking over 20 old accounts of E

The defendant's assertion is rejected as it is reasonable to view it.

In addition to the circumstances revealed by the lower court, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant stated at the investigative agency that “the victim was found on July 21, 2015 and had the victim paid the guidance money of the 20th unit via E prior to the finding of the victim, and the victim had the victim paid the guidance money directly after July 2015 (the 90 pages of the investigation record),” and ② the Defendant exchanged the victim directly with the victim and received the guidance money from the victim.

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