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(영문) 서울남부지방법원 2018.04.13 2018고단462

업무상배임

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From around December 2013, the Defendant has been working for the victim D Co., Ltd. (hereinafter referred to as "victim D Co., Ltd") located in Namyang-si, Gyeonggi-do as a member of the victim company and has been in charge of accounting duties, entry, shipment, and distribution of goods.

In such a case, the defendant has a duty to report in advance according to the company regulations in the course of receiving the goods from the customer of the victim company or receiving the payment, and there was a duty to conduct business for the victim company with the permission of the representative director or superior of the victim company.

Nevertheless, the defendant received and sold goods from the existing business partners of the victim company for personal debt repayment, etc., and received the price of goods sold by the victim company from the defendant's account in which the defendant was used and received the profit by depositing only part of the goods into the company.

1. On March 6, 2016, in order to receive goods as above and sell salt at the victim’s office and to use sales proceeds for personal purposes, the Defendant, at his/her own discretion, received slots equivalent to KRW 3,200,000 from the person in charge of the business of E, a customer, in violation of the above occupational duties, at a price of approximately 20-30% of the market price, from the company of F, G, etc. at a price below the market price, and received the payment from the Defendant or the Defendant’s living together with H account at a price of approximately 20-30% of the market price, and received the payment from the Defendant or the Defendant’s living together with the same method from around that time to September 15, 2017 in the name of the victim company at least 78 times in total, as indicated in the daily list of crimes.

Accordingly, the defendant has caused the victim company to incur damages equivalent to the above amount to the victim company by having the victim company bear the obligation to pay goods equivalent to the amount of KRW 417,519,700.