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(영문) 대전지방법원 서산지원 2017.12.14 2017고단579

업무상배임

Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

[Defendant B] Imprisonment with prison labor for the defendant

Reasons

Punishment of the crime

Defendant

A, from October 2014, as the head of a very advanced factory of the victim E company, is engaged in the overall work of the factory, and is responsible for managing and supervising the payment of oil expenses of the actual factory. Defendant B is a person who is the head of the management team of the actual factory as the head of the actual factory as the head of the management team of the actual factory as a person who is responsible for performing the duty of paying oil expenses of the actual factory as normal.

Defendant

C From October 2014, from the perspective of the victim's company, C had been working as the owner of the F gas station, which is the main supplier of the advanced plant, received the right of oil issued at the time factory from the date of the victim's company to damage oil and settled the price by claiming the payment to the victim company.

1. Defendant A, Defendant B, and Defendant B, at the factory of the victim company located in J in Jin-si, Jin-si (hereinafter referred to as May 2015, 201) (hereinafter referred to as “Defendant A”) in Jin-si, Defendant B, “A created a false gas station due to lack of operating expenses to be granted at the head office, bringing to F gas station in cash,” and Defendant B arbitrarily created a false gas station according to Defendant A’s instructions, brought it to the gas station, brought it back to the gas station, and agreed to acquire it together with Defendant A.

Accordingly, Defendant B violated his duty to properly deal with the victim’s oil expense payment business at the F station located at H around June 4, 2015, and, as described in paragraph (2), received false gas supply tickets from C and delivered them to Defendant A, by receiving three million won in cash from C, and Defendant A obtained pecuniary benefits equivalent to the above amount from deposits into his own account from around 16 times to May 10, 2016, as shown in the attached list of crimes, and obtained pecuniary benefits equivalent to 47,880,000 won from around 16 times, as shown in the attached list of crimes.