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(영문) 대구지방법원 서부지원 2013.08.13 2012고단1595

업무상배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From July 25, 1994 to February 1, 2012, the Defendant served as the deputy head of D Daegu Branch in Daegu Jung-gu, Daegu, and was in charge of share purchase business.

Around March 8, 2006, the Defendant received KRW 30 million from the said date to April 8, 2009 from the said date, such as receiving deposits from the victim E, who was an elementary school, with a share purchase fund, to receive KRW 595,00,000,00 in total from 18 times, as shown in the list of crimes (1). The Defendant, who traded shares with a deposit from the customer, has a duty to trade shares upon entrustment by the victim, and upon the customer’s decision or approval, has a duty to trade shares with regard to the type, issue, and classification and method of trading.

Nevertheless, on November 12, 2009, the Defendant, in violation of his duties, made a total of 286 credit transaction, such as selling in Korean and computer 500 shares through credit transaction without the victim’s decision as to the type, item, and classification and method of trading of shares, thereby obtaining property gains equivalent to KRW 16,043,005 ( KRW 7,322,540 + 16,000 + KRW 540) in terms of a share transaction fee, etc. on a total of 16,00 won as indicated in the list of crimes (2) in the attached Table of Crimes (hereinafter “D”). On November 13, 2009, the Defendant acquired property gains equivalent to KRW 582,660,000 (total amount of KRW 595,000,000,000, KRW 12,340,000, KRW 80,006).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1.-A copy of the account entry and exit details, - a copy of the contract details by account number, - a copy of the account entry and exit details, - a inquiry by bank for each account entry and exit, - a statement of account entry and exit details, - a statement of account ledger, - a statement of account balance on a specified date, an investigation report (a statement of specific balance sheet, etc.)

1. Relevant Articles 356 and 355(2)1 of the Criminal Act concerning criminal facts;