특정경제범죄가중처벌등에관한법률위반(배임)등
A defendant shall be punished by imprisonment for six years.
Punishment of the crime
1. The victim E Co., Ltd. (hereinafter “victim”) violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “the Aggravated Punishment, etc.”) is a company engaging in the manufacturing, processing, and export business of art and precision equipment. The Defendant has been engaged in the export business of art and machinery at the damaged company since 2012 as the director of the division of the Aggravated Punishment, etc. of Specific Economic Crimes.
The defendant in charge of exporting export of machinery of the injured company, although there is a job duty to handle export affairs after setting up the credit rating of the importing company and examining the limit of insurance through internal approval, he thought that the export insurance limit of the injured company has been unfairly exported to the old companies, etc., which are not likely to be set by the export insurance limit due to bad financial soundness in violation of his duty.
On July 7, 2014 and March 1, 2015, the Defendant exported 68 of the total amount of 14,992,40 U.S. dollars to “H (other companies than documentary importers)”, which is an importing customs clearance company in the People’s Republic of China, with low credit rating through “G”, without having obtained insurance setting and internal approval at the office of the victimized company located in Jung-gu Seoul, Jung-gu, Seoul, and with low credit rating, which is less likely to collect funds, arbitrarily exported 362 of the total amount of 30 U.S. dollars from August 5, 2013 to March 1, 2015.
As a result, the Defendant had H et al. obtain property benefits equivalent to USD 14,92,40 in total (E 15,972,321,841) and suffered damages equivalent to the same amount from the damaged company.
2. On August 2013, the Defendant, at the office of the victimized company as described in the preceding paragraph, had the intent to export arbitrarily the work machinery owned by the victimized company, such as the entry in the preceding paragraph, and used the computer to “I”.