업무상배임
The prosecutor's appeal is dismissed.
An application filed by an applicant for compensation shall be dismissed.
1. The summary of the grounds of appeal is that the Defendants’ occupational breach of trust, Defendant B’s occupational breach of trust, and occupational embezzlement include the confessions made by the Defendants to the investigation agency and the entry of Defendant B’s written statement on his own as “specific matters experienced by Ss” and thus, credibility can be acknowledged. The statements in the purchase and transaction transaction statement, electronic tax invoices, and MSs are consistent with these.
On the other hand, Defendant B’s quotation file constitutes a special media record, such as electronic records, since it is intended to perform the planned proved function by using it in the G system.
Nevertheless, the lower court rendered a not-guilty verdict on all the facts charged of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that Defendant A worked as the head of the distribution division distribution division of the victim G Co., Ltd. (hereinafter “victim Co., Ltd.”) from April 2005 to January 31, 2013 (hereinafter “victim Co., Ltd.”). Defendant B worked as the above distribution division team leader from March 2010 to May 16, 2013, and the Defendants were engaged in the business of cutting down and selling the computer equipment, etc. to the customer of the victim company.
(1) Defendants’ criminal conduct - On June 201, 201, the Defendants in breach of occupational breach of trust supplied the Korea International Cooperation Agency at the office of the victim company located on the nineth floor of the HH building in Songpa-gu Seoul, Seoul, equivalent to KRW 8,700,000 at the market price of 30 Green and Complex 30,000,000,000 at a higher rate of 30,000,000 won for the payment to the victim company to the victim company. Defendant B paid 9,000,000 won for the difference to the victim company. Defendant B paid 300,000,000 won to the victim company.