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(영문) 서울중앙지방법원 2016.10.20 2016고단4505

업무상배임

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is working as the head of the organization, design team, and team of the victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) and was in charge of requesting production of gold, concluding contracts, and approving the inspection of the goods supplied.

Since the defendant is in charge of contracting duties as the head of the organization design team of the victim company, on April 30, 2012, he/she has the duty to review well the gold-type withdrawns produced and supplied by the D Co., Ltd. which entered into a gold development contract with the victim company and to verify that there is no error in the letter of approval and to pay the price.

Nevertheless, the Defendant, on October 18, 2013, delivered 2 gold-type 37 gold-type 37 gold-type 37 gold-type 37 gold-type 37 gold-type 37 gold-type 37 gold-type 37 gold-type 37 gold-type 37 gold-type 37 gold-type 2 gold-type 2083, AP-HD500 LENS (gold-type 2091), which was subject to production under the gold-type development service contract entered into with D Co., Ltd., to D Co., Ltd., thereby causing the victim to pay the above gold-type 2 gold-type 37 gold-type 30 million won to D Co., Ltd., and had the victim company obtain property profits equivalent to 4 million won to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement related to E, F, and G;

1. Written complaint, written development services contract (gold development), gold production approval center, gold production assistance letter, C gold-type storage certificate, and photograph;

1. Application of Acts and subordinate statutes to the investigation report (Submission of data on the amount damaged by the complainant);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (2) and (1) of the Criminal Act which choose a penalty;

1. The reason for sentencing of Article 62(1) of the Criminal Act (see, e.g., Article 62(1)) is 1.