특정경제범죄가중처벌등에관한법률위반(배임)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant provided discount to F at will to the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) to cause damage corresponding thereto; and (b) since the Defendant’s act was invalid against the victim Co., Ltd., the risk of property damage even if such act was invalid, the lower court acquitted the Defendant of the facts charged in this case; and (c) thereby,
2. Determination
A. The summary of the facts charged was serving as a business employee of the victim company that sells mixed feed, and since May 2012, the Defendant sold mixed feed to G farm operated by F.
If discount is necessary to maintain continuous transactions with customers, the defendant has a duty to determine discount rates in accordance with the Business Management Manual and to not cause damage to the victim company with internal approval.
Nevertheless, in violation of the above duties, the defendant supplied FF with the combined feed equivalent to KRW 58,87,045 in violation of the above duties, and discounted the amount of KRW 4 million in the amount of KRW 5,216,582,621 in quantity to F from May 2015 until May 2015, the defendant provided FF with the combined feed equivalent to KRW 5,216,582,62 in quantity and 1, 2, 386 in total, or discounted the amount of KRW 559,01,386 in total without obtaining approval from the victim company (or 200,000 won in cases where the G farm paid the amount before the supply of feed) under the pretext of the victim company's internal approval, and without obtaining approval from the victim company, the defendant paid the amount of KRW 1,587,00 in quantity or discounted the amount under the name of the victim company (or 10,500,000 in cases of shipping feed from August 20, 2014.