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(영문) 인천지방법원 2018.12.13 2018고합159

특정경제범죄가중처벌등에관한법률위반(배임)

Text

Defendant

A Imprisonment for two years, each of the defendants B, C, and D shall be punished by imprisonment for one year and six months.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A, a non-profit corporation, worked as the representative director of the victim’s “E association” (hereinafter “E association”), and was engaged in the overall tasks of the victim, such as personnel management, business administration, etc., but had been in charge of the overall tasks of the victim. However, Defendant A, as a result, with a low sale of rice purchased at one of the victim’s businesses, such as purchase, sale, storage, transportation, distribution, etc. of ordinary agricultural or livestock products accumulated a large quantity of rice, resulting in managerial difficulties. As such, Defendant A, as the victim’s representative, attempted to sell rice on credit to the customer without securing sufficient collateral as soon as the victim’s representative.

Accordingly, from July 11, 2016 to September 24, 2016, the Defendant sold rice amounting to approximately KRW 2,160,739,518 in total at 14 times as shown in the separate crime list to G Co., Ltd. (hereinafter “G”) (hereinafter “G”), a customer of the victim’s transaction in an integrated rice processing plant located in Incheon-gun, Incheon-gun, the victim’s place of business, from around July 11, 2016 to around September 24, 2016, the Defendant sold rice amounting to approximately KRW 2,160,739,518 in total. As above, when selling rice amounting to approximately KRW 2,100,000,00 to the victim’s losses, the Defendant conducted a credit investigation in order to grasp the customer’s credit and the degree of ability to repay his/her assets, entered into a transaction by preparing a transaction agreement (contract) with the customer to prevent future disputes, and the credit transaction should be performed thoroughly within the scope of qualified credit credits or property.

Nevertheless, on July 11, 2016, the Defendant may enter into an agreement on credit transactions with G around July 1, 2016 at the above victim’s place of business or guarantee credit payment.