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(영문) 서울남부지방법원 2019.03.29 2018고합481

특정경제범죄가중처벌등에관한법률위반(배임)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From May 1, 2004 to April 1, 2018, the Defendant served as a business employee (the vice head in charge of business) in the victim B Company, and made an estimate of the goods required by the customer of the victimized Company. In light of the items, prices, etc., the Defendant was in charge of the business of having the customer deliver the goods to the damaged Company at the place actually requested by the customer and then receiving the payment for the goods. The Defendant received orders from C (hereinafter referred to as “stock Company’s name”) from the said victimized Company from October 1, 2016 to December 2017, 2017, and directly received orders from C (hereinafter referred to as “stock Company”) to supply and install the goods equivalent to KRW 6,872,152,650 in total D, and received KRW 5,20,865,650 in total, and received the remainder of KRW 1,651,287,00 in total,00.

Therefore, the Defendant, who was in charge of the foregoing duties, received KRW 306,90,000 for the supply price E on November 8, 2016, under the pretending that the injured company violated its duties, and received KRW 306,90,000 for the supply price E on November 8, 2016, and received KRW 1,651,287,00 for five times from December 1, 2017, as shown in the attached crime list, from that time to December 1, 2017, received KRW 1,651,287,00 as E or F, and acquired the same amount of financial benefits for the said company, and suffered damage equivalent to the same amount for the victimized company.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Each police interrogation protocol of G and H:

1. Each police statement made to I and J;

1. The personnel record card (A), fact confirmation certificate, D purchase amount, quotation (E), order sheet (C), deposit payment details (306,90,000 won), estimate (F), order sheet (Evidence No. 13), deposit payment details (821,70,000 won), order sheet (Evidence No. 15), and deposit payment details (No. 220,000,000 won).