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(영문) 창원지방법원 2014.05.23 2013고단2063

업무상배임

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 28, 2009 to May 14, 2012, the Defendant, as the head of E (hereinafter “victim”) branch located in Chang-gu, Chang-gu, Chang-gu, Seoul (hereinafter “the Victim Company”), was in charge of the affairs of the branch office of Korea. In selling the Victim Company’s products directly to “F”, the Victim Company, who is the customer, sold the products to “H” which had registered its business in the name of the Defendant’s father’s G, and sold the products purchased from the Victim Company to “F” with a certain margin attached from “H”, thereby having expressed an intent to acquire the said margin amount individually out of the sales price of the Victim Company’s products.

On September 22, 2009, the Defendant received an order from the above “F” from the victim company and took the form of selling 1,058,824 won in total at the market price, as seen above, even if it had the duty to ensure that the total sales price belongs to the victim company, the Defendant violated such duty and the victim company sold the above 1,058,824 won to the “H” and then sold the 158,824 won in excess of the difference to the “F”, and then acquired the 158,824 won in personal form from around that time to November 29, 201, and acquired the 23,200,000 won in total by the same method as indicated in the annexed list of crimes, and acquired the 47 times in total and the 20,2000 won in property damage amount to the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Partial statement of the witness J;

1. Partial statements of each police suspect interrogation protocol against the accused;

1. Each police statement made to I;

1. A complaint;

1. The balance sheet, each order sheet, and each tax invoice;

1. Application of the Acts and subordinate statutes to each investigation report (to hear the statements of the court, hear the statements of the court, and hear the statements of the defendant);

1. Relevant provisions concerning facts constituting an offense;