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(영문) 대구지방법원 서부지원 2019.08.08 2019고단581

업무상배임등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

From November 1, 2006 to November 8, 2017, the Defendant is a person who served as a business member at a victim B-month office.

1. The defendant in occupational breach of trust has a duty to sell the products of the victim company to the wholesale and retail company registered in accordance with the discount rate designated by the victim company, such as the company, at the monthly business office of the victim company, and pay the collected sales proceeds to the victim company.

Nevertheless, the Defendant violated the above duties, and sold products to C stores, etc., which are not the wholesale and retail companies registered from March 2, 2016 to October 31, 2017, and sold products for personal purposes, such as stock funds, repayment of loans, hospital expenses, etc., or by applying a discount rate higher than the discount rate set by the victim company to the customer located in 17 places such as D stores.

As a result, the defendant in violation of his occupational duties has acquired pecuniary benefits equivalent to KRW 291,165,928, or had the customer acquire them, and has caused property damage equivalent to the same amount to the victim company.

2. From March 2, 2016 to October 31, 2017, in order to conceal the crimes as referred to in paragraph (1) of the foregoing paragraph, the Defendant: (a) had access to the product management system of the victim company by appropriating the ID and password of F, a warehouse warehouse, paid from the victim company’s capital warehouse located in Daegu Seo-gu, Seo-gu, by using the PDA for business use, from March 2, 2016 to October 31, 2017; and (b) had access to the F’s product management system by taking off the warehouse prior to the F’s inventory inspection; and (c) had the Defendant registered the warehouse as a vehicle inventory operated by the Defendant after taking out the warehouse; and (d) had

Accordingly, the defendant shall manage products, which are electronic records of others with regard to rights and duties or proof of facts for the purpose of making administrative affairs difficult.