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(영문) 인천지방법원 2016.05.26 2016고단1237

업무상배임

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From August 6, 2014 to July 30, 2015, the Defendant: (a) was working on behalf of the injured party D Co., Ltd. in Bupyeong-gu Incheon Metropolitan City, and was engaged in the business of purchasing raw materials, processing, and delivery of the manufactured goods supplied to the construction site by the injured party; (b) was in violation of the duty of the injured party to conduct business for the benefit of the injured party according to the labor contract with the injured party; and (c) was ordered six times from June 3, 2015 to July 27, 2015, even if the ordering party was not ordered as indicated in the attached list of crimes, even if the ordering party was not ordered, the Defendant purchased the raw materials of 67,43,960 won in total at the market price from E to cut it from F; and (d) sold the above H materials on the H materials operated by G to pay the purchase price to the injured party to E; and (d) acquired the profits equivalent to the above profits of the Defendant’s account to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Statement made to I by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 356 and 355 (2) of the Criminal Act relating to the facts constituting an offense;

1. The reason for sentencing of selective punishment of imprisonment [the scope of recommending punishment] Type 1 (4) [no person subject to special sentencing] (4 months to 100 million won] in the basic area (the decision of sentencing] [the decision of sentencing] the defendant acknowledges and reflects a crime, and the first offender who has no record of punishment, etc., the fact that the damage has not been recovered shall be considered disadvantageously, and the fact that the damage has not been recovered is not recovered shall be considered disadvantageously, and other matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as indicated in the records and arguments of this case, shall be considered, and the sentence shall