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(영문) 서울북부지방법원 2014.02.12 2013고정1188

업무상배임

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From October 2006 to July 31, 2012, the Defendant worked as the team leader in charge of attracting and managing customers, buying and delivering goods, etc. at wholesale and retail companies, such as the electrical and electronic parts of “E” operated by the victim D.

On January 3, 2011, when the defendant worked in E, the defendant established a company "G" in Seongbuk-gu Seoul Metropolitan Government F.

G is a company that engages in wholesale and retail business, such as electrical and electronic parts, like E.

On February 1, 2011, at the above G office, the Defendant: (a) purchased goods from “H,” which was in violation of the duty to purchase and deliver goods at a low price for E; and (b) purchased goods from “H,” which was in transaction with E; and (c) supplied the goods to 5,731,440 won to E; and (d) acquired the property profit of the amount equivalent to the said margin by selling them to 5,731,40 won.

From around that time to April 27, 2012, the Defendant violated his duties and traded G in the middle as above, thereby taking property benefits equivalent to KRW 26,973,615 in total over 17 times, as shown in the List of Crimes, and suffered property damage equivalent to the above E.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Each police suspect interrogation protocol against the accused (including the substitute part);

1. Statement made to D by the police;

1. Written statements of D;

1. Each complaint;

1. The application of investigation reports (including a written complaint), investigation reports (Submission of materials which are a criminal complaint: G account, etc.), investigation reports (Submission of materials which are a criminal complaint): the application of Acts and subordinate statutes;

1. Articles 356 and 355 (2) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;