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(영문) 부산지방법원 2019.01.11 2016고단7444

업무상배임

Text

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

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

Reasons

Punishment of the crime

The Defendant, from October 5, 2012, had been working as a manager in the female sogro brand “E” store (hereinafter “instant store”) of the Victim D Co., Ltd. (hereinafter “victim”) located in B’s in B’s in the Busan Shipping Daegu C (hereinafter “C”) from around October 5, 2012, and has been engaged in the consignment sale of the goods owned by the victimized company.

In selling the goods of the victimized company, the Defendant may not discount or increase the prices of the goods without the consent of the victimized company, and there was an occupational duty to allow the victimized company to receive the amount calculated by deducting approximately 36% of the fees for department stores, such as rents, from the sales proceeds equivalent to the fixed prices of all the goods sold to the victimized company by faithfully entering the details of goods sold in the inventory management electronic system of the victimized company.

In managing the instant store from October 5, 2012 to April 30, 2016, the Defendant sold at the discretion of the Defendant without the consent of the victimized company, even though it is not a sale or a sale for a fixed period of time by the staff discount (30%) permitted by the headquarters of the victimized Company in order to raise sales, while selling the goods supplied from the victimized Company, from around three years and six months to around three months, from around October 5, 2012, the Defendant sold at the discretion of the Defendant, without the consent of the victimized company, the products supplied by the victimized Company to its customers for insufficient sales proceeds from selling at a discounted discount, without entering the sales proceeds in the inventory management computer system of the victimized Company, but without entering the details of the sales proceeds from the said products into the inventory management computer system. As such, as if the sales proceeds from other goods sold at discount before the victimized Company were part of the sales proceeds from the other goods sold at discount, the method was used to prevent the entry into the inventory management computer system of the victimized Company or purchased the said goods by the Defendant’s card.