특정경제범죄가중처벌등에관한법률위반(배임)
1. The part of the lower judgment against Defendant C, A, and B shall be reversed.
2. Defendant C is punished by imprisonment with prison labor for three years and Defendant A.
1. Summary of grounds for appeal;
A. Defendant C, as the head of the Daegu-do agency business team of the Victim L Co., Ltd. (hereinafter “victim”), shall supply oil within the scope not exceeding the credit limit for the Plaintiff’s L Co., Ltd. (hereinafter “O”), as the head of the oil wholesale business team, within the scope of not exceeding the credit limit for the Plaintiff’s L Co., Ltd. (hereinafter “Co.”), and, in the event of oil withdrawal, the amount of oil supplied to theO is accurately entered in the M, which is an electronic computer system for transaction and inventory management, so as not to cause any loss in the recovery of the sales proceeds, despite the occupational duties of the Plaintiff, the Defendant C, as to the part of the Defendant C, has to enter the place of destination on the L Co., Ltd.’s oil refinery and shipment management screen, instead of the entry into the O to the Daegu oil reservoir of the Victim’s company, and actually, he may sufficiently recognize the fact that the oil was supplied to theO in breach of trust by supplying the oil in excess of the credit trading limit by means of supply to theO.
Nevertheless, the lower court determined that there was no proof of a crime of occupational breach of trust against Defendant C on the ground that Defendant C, the head of the agency business team, was entitled to supply oil in excess of the credit transaction limit at the discretion of the customer within 30% of the credit transaction limit, and further, the circumstance unrelated to the establishment of a crime of occupational breach of trust exceeds the amount of damage indicated in the facts charged. Thus, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. Defendant D’s portion against Defendant D belonged not only to the value of the security offered to L to secure the repayment of the payment obligation arising from the credit transaction with L, but also to the oil exceeding the credit transaction limit from L.