업무상배임
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
The Defendant, on September 2003, entered the victim C Co., Ltd. (hereinafter referred to as “victim”) at the chain of manufacturing and selling ready-mixed, and worked as a business director from June 2014 to June 2014.
In order to prevent the occurrence of attempted money, the victim company received advance payment from the ready-mixed trading company or supplied ready-mixed on the condition of receiving joint and several sureties by the owner, and since the customer whose attempted money has been accumulated restricts the supply, the defendant had a duty to manage and verify the customer for the victim company, and to ensure that the attempted money of ready-mixed is not generated, such as shipping back of ready-mixed according to the internal procedure.
Nevertheless, when the Defendant received a request for the supply of ready-mixed from the business partners, such as the Seojin Integrated Construction Co., Ltd., which could not satisfy the above supply terms, the Defendant: (a) was used by the victim company in the business partners that could not satisfy the above supply terms; (b) however, the victim company established the Defendant’s wife’s name and sold the ready-mixed to “D” that the Defendant actually operated.
On June 25, 2014, the Defendant, at the victim’s office located in Ansan-si around June 25, 2014, shipped the fact to a customer who is unable to satisfy the supply terms, but was pretended as if he ships of ready-mixed equivalent to KRW 40,000 to the said “D,” and from that time until October 30, 2015, supplied to a customer who is unable to satisfy the supply terms of ready-mixed equivalent to KRW 202,017,710, total sum of KRW 121 times as shown in the list of crimes in the attached Table of Crimes, thereby having the customer obtain pecuniary benefits in violation of his duties, and the victim company bears the risk of causing the outstanding amount equivalent to the same amount.