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(영문) 서울남부지방법원 2016.06.24 2016고합230

특정경제범죄가중처벌등에관한법률위반(배임)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, from March 14, 201 to June 20, 2015, was in charge of purchasing secondary materials, such as liquid books, etc., from the Liber Business Department of the Victim C, Inc., a brand company that runs from around March 14, 2011 to around June 20, 201, and took overall charge of the tasks such as ordering, storing, and quality control of secondary materials.

On August 2013, the Defendant issued a false attachment order to the above enterprises, taking advantage of his superior position to determine whether to continue transactions with the victim and whether to trade volume, etc., with regard to D and E, and had the victim pay the price by entering the price into a computer as if the subsidiary material was actually supplied by the above enterprises, and had the victim pay the price, and had the above enterprises receive personal benefits by receiving the price from the above enterprises. The Defendant demanded F and G, the representative of the above enterprises, to deliver the price for supplied goods paid by the above method to himself/herself. The Defendant obtained their consent.

The Defendant, around August 26, 2013, entered a false order for subsidiary materials in the purchase and order computer system (E-CUS) at the office of the victim’s purchase department office located in Gangnam-gu Seoul Metropolitan Government H, into the purchase and order computer system (E-CUS), and had the victim receive subsidiary materials, but the Defendant appears to have “7,500,000,000 won” as stated in the indictment for subsidiary materials payment in the above D appears to be the clerical error in the “7,50,000,000 won”.

the transfer was made by the F and was delivered by the F.

In addition, from that time until April 23, 2015, the Defendant had the victim pay 586,00,000,000 won in total throughout 27 times in the following manner, as indicated in the list of crimes in the attached Table, as a supplementary material price, to D and E, and acquired economic benefits through delivery through the above F and G, and suffered substantial damage to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, F, and J;

1. A complaint, an explanatory note (D), and a D/C purchase order;