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(영문) 대전지방법원 공주지원 2014.05.30 2013고단229

업무상배임

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From March 1, 2012 to October 30, 2012, the Defendant is a person working as a CSSer in charge of opening, selling, collecting fees, and changing the name in E in official cities operated by the Victim C from March 1, 2012 to October 30, 2012.

As a CSSer, the Defendant had a duty to sell mobile phone devices according to the price list sent every day from a telecommunications company fluor and accurately input the selling price into computerized data and to pay the victim C the sales price of a legitimate mobile phone from the telecommunications company fluor.

Nevertheless, the Defendant violated his/her duties and sold a mobile phone base on April 10, 2012, which is marked as KRW 99,900,00, in fact, to F, in fact, at KRW 800,000, and opened a mobile phone, and then returned to the computer by reducing the amount of equipment at will to KRW 800,000 on April 19, 2012, and then reducing the amount of equipment at will from the beginning to October 2, 2012, as indicated in the list of crimes attached from around that time to October 2, 2012, thereby obtaining pecuniary benefits equivalent to the amount of equipment at will from the beginning by means of reducing the amount of equipment at KRW 5,561,500, which is marked as the price list, and thereby making a discount sale to the purchaser of the mobile phone at a price of KRW 99,90,00,00.

Summary of Evidence

1. Partial statements of a defendant in the second protocol of trial;

1. C’s statement of a witness in the fourth trial record;

1. Examination protocol of the accused by prosecution;

1. A copy of an application for subscription, a contract for entrustment of business affairs, and an investigation of subscription information;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts (generality and choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant for sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the normal price determined by the victim in selling mobile phone devices.