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(영문) 부산지방법원 2014.07.17 2014고정1087

업무상배임

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From January 25, 2010, the Defendant entered into a contract with the victim's standard corporation and oral sales consignment agency, and was supplied and sold by the victim's oral supply in Busan Jung-gu.

When the Defendant sells oral statements from the victim to the customer, the victim complies with the price set by the sales policy, and enters the details of sales in the victim’s inventory management computer system, and the sales proceeds are paid to the above department store so that the victim can receive money from the above department store after deducting the amount equivalent to 38% of the department store fee from the sales proceeds.

Nevertheless, the Defendant sold oral statements supplied by the victim from around August 27, 2012 to April 15, 2013, the Defendant sold them at a discount rate of about 20% at will without selling at a fixed price designated by the victim to raise sales performance, and sold them at a discounted rate of about 20%. In order to collect any shortage in sales proceeds arising from the sale of such discounted prices, as indicated in the attached crime list, sold to the customers a sum of the fixed prices supplied by the victim, as indicated in the attached crime list, 122,635,894 won, without entering the details of the sale into the victim’s inventory management computer system, without entering the sales in the victim’s inventory management computer system, and received the sales proceeds of the 324 0 0 0 0 324 0 324 324 324 324 3

As a result, the victim suffered damages equivalent to KRW 57,638,870, which is the amount obtained by deducting the amount equivalent to 38% of the department store fees and the amount equivalent to 15% of the fee to be paid by the defendant from the victim, from the total sales proceeds in the case that the above 324 emergency vehicle was disposed of normally at fixed prices.

As a result, the Defendant acquired monetary benefits equivalent to KRW 57,638,870 in violation of his/her duties, and the same amount is equal to the victim.