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(영문) 서울동부지방법원 2015.01.16 2013고정2881

업무상배임

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of each of the facts charged in the instant case is that Defendant A worked as the head of the headquarters of the Victim (State) Distribution Section Distribution Section Team for the victim (B) who engages in the business of throwting away and selling computer equipment from April 2005 to January 31, 2013. Defendant B worked as the above Distribution Section Team member from March 2010 to May 16, 2013. The Defendants engaged in the business of throwing and selling computer equipment to the customer of the victim.

On June 201, the Defendants in breach of trust supplied the Korea International Cooperation Agency, a customer of the victimized company, with an amount equivalent to KRW 8,700,000 at the market price of KRW 30,000,000 at the office of (ju)G office located on the nineth floor of the H-dong, Songpa-gu Seoul Metropolitan Government, to the Korea International Cooperation Agency, which is a customer of the victimized company. The Defendants in breach of trust paid KRW 9,00,000, which is an amount set at a higher rate of KRW 300,000,000, which is the amount set at a higher rate of KRW 300,000,000 for the victimized company’s offline. Defendant B received from the Korea International Cooperation Agency the difference of KRW 300,00,000 from the Korea International Cooperation Agency.

As a result, the Defendants conspired to inflict property damage equivalent to 300,000 won on the damaged company and acquired property profit equivalent to the same amount.

B. Defendant B (1) On January 2013, 2013, the Defendant paid the service cost to I, a company that maintains and repairs the equipment that the victimized company supplied to the customer, which is a company that maintains and repairs the equipment that the victimized company received from the said office, at a higher level of KRW 1,691,140, and had the victimized company pay KRW 8,538,200 to the said I, and received merchandise coupons worth KRW 1,200,00 from the said I.

As a result, the defendant suffered property damage equivalent to 1,691,140 won in the damaged company in violation of occupational duties and acquired the same amount of property profit.

(2) On July 11, 2014, the inspection of the fabrication of private documents and the uttering of private electronic records, etc., which is alternatively added.