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(영문) 울산지방법원 2017.08.10 2017고합174

특정경제범죄가중처벌등에관한법률위반(배임)

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A is an employee working for the Ulsan Factory Purchase Team of the Victim F Co., Ltd. F (hereinafter “victim”) located in Ulsan-gu, Ulsan-gu from September 1, 2006 to November 30, 2016. The victim company is a subcontractor who manufactures automobile trial parts, etc. and supplies automobile trial parts (assy) and supplies them to modern automobiles. Defendant B is a person who actually operates the G, Co., Ltd. (hereinafter “H”).

Defendant

A as a person in charge of the purchase of the Ulsan Factory of the victim company, was supplied to the customer with subsidiary materials inputs into the Ulsan Factory and Foreign Factory Production Bureau of the victim company, and was in charge of the business of issuing tax invoices and monthly reports from the customer, and sending them to the head office of the victim company's head office to the customer and allowing the customer to pay the goods price. As such, the defendant A shall place an order for subsidiary materials as much as the amount requested for orders from the Ulsan Factory and Foreign Factory, and deliver them to the above factory. Thus, the defendant A shall not cause any difference between the actual transaction quantity and the book, and there was an occupational duty that should not be any difference between the actual transaction quantity and the book.

Nevertheless, Defendant A received a proposal from Defendant B that “When placing an order for subsidiary materials of an automobile screen, such as rubber boom, every vertical tape, and punch, to the customer, the subsidiary materials shall be released to the extent necessary for our business entity, and the subsidiary materials shall be delivered to our business entity.” The Defendant accepted the proposal that “The subsidiary materials shall be given to the customer of the victim company, and the subsidiary materials shall be given to the customer of the victim company, including the quantity requested by Defendant B.”