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(영문) 창원지방법원 마산지원 2017.09.27 2017고단613

업무상배임

Text

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.

Reasons

Punishment of the crime

The Defendant, from around July 4, 2012 to December 2016, 201, was operating food materials suppliers with the trade name “E” in Changwon-si, Changwon-si, Changwon-si, and the naval F is a person who, from around July 4, 2015, works for a restaurant outside the H of the former G headquarters as I while performing the duty of examining the quantity, etc. of food materials supplied to the above non-permanent restaurant.

From August 3, 2015, the Defendant: (a) supplied food materials, such as bean, pigs, etc., to a restaurant other than H H of the former GCOM in Changwon-si; and (b) in such cases, the Defendant had a duty to accurately check the quantity of food materials supplied to a restaurant outside the above barracks and to settle only the amount corresponding thereto.

Nevertheless, F is in violation of the above duty and thus, F is not required to supply certain items to the Defendant.

A request was made to the effect that the delivery was made on behalf of the Defendant and the payment was stated in the transaction statement, and that the amount of the false delivery recipient’s re-payment was changed to one million won, and that the Defendant accepted the request.

On August 5, 2015, the Defendant prepared a false statement of transaction with the intent to deliver 21,000 won (21,000 won) and 29,000 won (29,000 won) at the above-mentioned restaurant; and the Defendant demanded F to pay the price with knowledge of the falsity of the transaction list; from around that time to June 13, 2016, the Defendant submitted a false statement of transaction with F, stating that he/she supplied the items that he/she actually supplied or supplied the items that he/she did not actually deliver, and F, submitted a false statement of transaction to F, as if he/she supplied the items that he/she actually supplied, and F, by means of paying the price, entrusted by military personnel and civilian employees belonging to the headquarters G and civilian employees belonging to the Republic of Korea.