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(영문) 대전지방법원 천안지원 2013.10.31 2013고단712

업무상배임

Text

The sentence of punishment shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

A is an employee of the victim (hereinafter “victim”) EE from October 1, 2010 to January 31, 2012, who engaged in business activities to supply original meat products, etc. to the customer while working as an employee of the victim company (hereinafter “victim company”). Defendant B is a person who is the actual operator of the limited liability company F (hereinafter “F) and was supplied with original meat products, etc. from the victim company.

The injured company set the credit payment limit of 70 million won for Defendant B’s operation and traded to F. F. F. F. F. F. F. F. F., on October 201, 201, the credit payment limit was reached. At the time of the above F. F.F., due to the default of the bills received from another transaction partner, the bills were put in serious financial difficulties. Therefore, the injured company is expected to be unable to recover the amount if the goods are supplied on credit to F. Therefore, Defendant A had a duty to avoid supplying the original goods of the injured company due to credit to F. F. Thus, Defendant A had a duty to avoid supplying the original goods of the injured company.

Nevertheless, Defendant A prepared false documents to deliver the original meat goods of the victim company to other customers of the victim company, and conspired with Defendant B, in fact, to supply them to F.

Defendant

A, from December 27, 2011 to January 27, 2012, at the storage of goods of the victim company located in Chungcheongnam-gun G G in Chungcheongnam-gun, Chungcheongnam-do, the documents summarized as follows: (a) the amount equivalent to KRW 13,339,500 of the original meat products owned by the victim company was supplied to the “H” as another customer; and (b) the documents were supplied to the F.

As such, the Defendants conspired in violation of their occupational duties, and Defendant A had Defendant B obtain pecuniary advantage equivalent to KRW 13,339,500, and caused the same damage to the victim company.

In addition, the Defendants conspired to do so and make Defendant B a total amount of KRW 42,894,50,00, such as in the attached list of crimes.