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(영문) 서울중앙지방법원 2018.10.24 2017고단311
배임
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in this case, the charge of the breach of trust against J. B on January 5, 2016 shall be acquitted.

Reasons

Punishment of the crime

"2017 Highest 311" defendant is a leader who has operated a large number of communities since about 20 years ago, and operates a smallest of 50 million US dollars and a smallest of 30 million US dollars.

1. On April 16, 2013, the Defendant: (a) at the restaurant of “D” located in Gwanak-gu in Seoul Special Metropolitan City on April 16, 2013; and (b) on February 16, 2016, when the Defendant paid KRW 1.250,000 per annum, one of the fraternitys per month may receive KRW 50,000 as an fraternity and receive additional interest at the latest time; and (c) at the time when the fraternitys are received at the latest, the Defendant forms an additional map of KRW 50,00,000 (16,000 won) and received the payment normally from all the members of the 16-day fraternity to February 16, 2016.

When receiving all of the fraternity payments, the Defendant had the duty to pay the fraternity to the fraternity members on the designated time limit (the 16th day of each month).

Nevertheless, the Defendant violated his duties and consumed 50 million won in advance for personal purposes, such as the Defendant’s repayment of the Defendant’s obligation and living expenses, etc., at the place of the residence of the Defendant in the city around that city, in violation of his duties, the Defendant acquired financial benefits equivalent to KRW 2.5 million in total, as shown in attached Table 1 of the List of Offenses 1, and incurred damages equivalent to the same amount to the fraternity members.

2. On May 2014, the Defendant: (a) at the restaurant of “D” located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant: (b) paid KRW 1,00,000 per annum on the 25th day of each month; (c) on the 25th day of each month, the Defendant organized an additional share of KRW 30,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,0000, from all members of the 25th day before February 25, 2016.

When receiving all of the fraternity payments, the Defendant had a duty to pay the fraternity to the fraternity members on the designated time limit (25th of each month).

Nevertheless, the Defendant violated his duties and thereby, on October 2014.

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