beta
(영문) 대구지방법원 서부지원 2013.08.14 2013고단743

업무상배임

Text

A defendant shall be punished by imprisonment for not less than eight 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

From October 201, the Defendant: (a) from around October 201, the victim D operated in Gangnam-gu Seoul Metropolitan Government No. 2 and 101(C), was engaged in the business of changing the order of shopping mall CS business; (b) cancellation; (c) refund; (c) payment or return; (c) return; (d) customer inquiries; and (e) telephone counseling; and (c) was able to gain profits by manipulating the order form or falsely treating refund.

On January 10, 2012, the Defendant requested refund from the victim company's office located in Daegu Suwon-gu, for the purpose of making a false duplicate payment to the customer G's order, and transferred KRW 351,100 from the victim's citizen bank account to the non-party H's national bank account (I), from the victim's national bank account, to the victim's national bank account; and

1. Around December, 12, this was again remitted to the Defendant’s National Bank Account (J).

In addition, from around that time to October 26, 2012, the Defendant acquired property benefits equivalent to KRW 23,391,490 in total through similar means over about 245 times, such as those listed in the list of crimes in the annexed list, and suffered damage equivalent to the same amount with the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on K, L, M, and N;

1. Application of Acts and subordinate statutes on filing complaints and details of financial transactions;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (2) of the Criminal Act, the choice of imprisonment for a crime;

1. It is so decided as per Disposition for the reason that Article 62(1) of the Criminal Act (including the fact that the defendant has no criminal record and is against the defendant) is in excess of the sentence;