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(영문) 춘천지방법원 속초지원 2013.12.18 2013고단434

업무상배임

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A served as the representative director of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) from July 30, 2010 to August 31, 2012, and has been in charge of final decision-making and enforcement of major policies on overall management, such as personnel affairs, finance, and funds.

Around January 6, 2011, the Defendant, as the representative director of the victim company, had F, a staff member in charge of the victim company, obtain pecuniary benefits equivalent to KRW 4,125,00 from the actual delivery of KRW 350,00 from H (hereinafter referred to as “H”) to a related agency, etc. in total, and had H receive KRW 9,625,00 (including additional tax) delivery of KRW 20,00 from the actual supply of KRW 18,00,00 from the actual supply of KRW 350,00,000 from the actual supply of KRW 150,00 from the actual supply of KRW 4,125,00,00 from the actual supply of KRW 150,00 to the H and caused property damage equivalent to the same amount to the victim company. From that time to March 20, 2012, the Defendant had H obtain pecuniary benefits from the total amount of KRW 305,500,00.

2. Defendant B served as the head of the victim company from January 1, 2006 to September 4, 2012, and has been in charge of all accounting, fund management, and competent authorities.

The Defendant paid KRW 5,280,000 to the Defendant for the production of brochures for publicity of the victim company and the purchase of heating milk, thereby raising funds. On November 30, 2010, the Defendant paid KRW 5,280,000 to the J located in Seocho-si, Seoul, which was not actually produced.