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(영문) 울산지방법원 2016.05.12 2015고단2798

업무상배임등

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for six months.

Reasons

Punishment of the crime

1. Defendant A’s joint crime committed by Defendant A and B has been engaged in the purchase of materials and the sale of Busan water from November 1, 201 to November 2014 by the director of the Ulsan-gun, Ulsan-gun, Inc., the victim I’s headquarters of the Ulsan-gun, Ulsan-gun, and the head of the Ulsan-gun, Inc., the victim I’s industrial material team.

Defendant

B from January 201 to November 2014, 201, the victim company was working as the Ulsan Factory Quality Team Deputy Director and the production-general manager of the victim company, and has been engaged in the overall management of the above factory including the purchase of materials and the sale of water in Busan.

On September 22, 2012, the Defendants were arbitrarily disposed of at least KRW 2,100,000 from J, the representative of C around September 22, 2012, while extracting aluminium from materials, such as Aluminum scrap, which was generated by extracting aluminium, for the victim company, 129,80km, which is the by-products of the victim company.

From September 2012 to October 8, 2014, the Defendants received total of KRW 207,062,460 from the victim company’s by-products, as shown in the attached Table 1 sheet of crime, and disposed of at will to the J. The Defendants arbitrarily from June 2013 to October 7, 2014. The Defendants received total of KRW 287,674,167 from June 2013 to receive KRW 287,67,167 in addition to the by-products owned by the victim company from October 7, 2014, and disposed of L by-products to be the representative of K.

Accordingly, the Defendants conspired and embezzled the victim’s property amounting to KRW 494,736,627.

2. Defendant A served as the director of the Ulsan Factory Materials Team of the victim company as described in paragraph 1, and has been engaged in the purchase of materials and the sale of Busan Water.

The defendant had a duty to accurately confirm the weight of the material stored in the above Ulsan Factory and report the fact to the victim company as it is.

Nevertheless, the Defendant sent it to the customer even if the weight of T/Tbor, which was put from the customer N in the above Ulsan factory around October 28, 2013, was about 190 kilograms.