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(영문) 인천지방법원 2017.11.09 2016고단9054

업무상배임

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant worked as the head of the business from D to October 23, 2015, to September 2016, as the person who suffered damage located in Sisti City C, and has been engaged in the business of identifying customers, selling steel products, and collecting the proceeds thereof.

Since the provision of the victim's company provides that if the outstanding amount arises after the delivery of the construction materials to the customer, the computer should be suspended, it is operated so that the additional supply can not be made until the outstanding amount is paid in full.

Nevertheless, from April 22, 2016 to June 26, 2016, the Defendant was well aware that the outstanding amount of KRW 122,044,710, which was not approved on March 10, 2016, remains at the victim’s company office (the name of the former company) from the victim’s company (F) to the Defendant’s office (the date of approval on the transaction agreement), and thus, the Defendant was unable to provide additional services. However, the Defendant violated his/her occupational duty and breached his/her duties, thereby making it difficult to recover the construction price by ordering the Plaintiff, who is a subordinate employee, to supply additional construction materials of KRW 126,982,482, and KRW 482, as the representative, without the approval of the G vice president.

Accordingly, the Defendant acquired property benefits equivalent to 126,982,482 won of the construction material price in E, and suffered damages equivalent to the same amount in the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each law of police statement protocol to J and I;

1. Relevant Article 356 of the Criminal Act, Articles 355 (2) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 【The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The basic area [1 year - 3 years] and the general mitigated person: In a case where most of the criminal proceeds were not held, 【The Decision of the Sentence 【The Decision of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Act - the company which he/she was in his/her body for the sake of marriage

, however, the explosion.