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(영문) 서울동부지방법원 2015.10.30 2015고단913

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 became final and conclusive.

Reasons

Punishment of the crime

Since February 7, 2012, the Defendant worked as an internal director of the victim corporation D in Gwangjin-gu, Seoul Special Metropolitan City for the purpose of trade in cosmetics from February 7, 2012, and has been engaged in the business of managing business partners, exporting goods, and receiving money, etc., on its own account, the Defendant is prohibited from engaging in the transaction belonging to the same kind

Nevertheless, on February 2014, the Defendant violated the above occupational duties, and exported 15,464 products, such as shampoo and rinse, etc., of the same kind as the Defendant’s wife F in Songpa-gu Seoul, to the Defendant’s personal business entity “G” in the name of “H” and “G” in the name of the victim company, which is the customer of the victim company. At that time, the Defendant exported products, such as shampoo and rinse, etc., attached with the trademark “J”, which was exported from “I” to “H” in the victim company.

In addition, the Defendant exported 12,00 products and 10,920 products around March 2014 to each other, and around April 2014 to each other. Around that time, the Defendant exported the products, such as shampoo and shampoo, etc. using the aforementioned methods, and received a remittance of USD 135,386.17 to June 3, 2014 as the total amount of the 135,386.17 U.S. dollars from March 28, 2014 to June 3, 2014, from March 28, 2014; USD 47,495.96; USD 41,582.37; USD 41,582.37; USD 46,307.84 (limited to KRW 13,972 million).

As a result, the defendant acquired the monetary benefits from the above sales, and reduced the sales of the victim company, thereby causing a loss of property in the amount of money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. Examination protocol of the accused by the prosecution;

1. A commercial invoice;

1. Current sales status and order sheet;

1. A criminal investigation report (Submission of Suspect A Data and Statement of Telephone Communications) and a copy of passbook;

1. A certificate of closure of business or full registration;

1. Application of Acts and subordinate statutes to a copy of the contract (G and H);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;