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(영문) 서울중앙지방법원 2020.12.22 2019고단8250

업무상배임등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From January 1, 2018 to June 30, 2018, the Defendant, in occupational breach of trust, was in office as the head of the marketing division in Gangnam-gu Seoul Building and the Victim Dispute Resolution (hereinafter referred to as “victim Company”) in the victim-based Dispute Resolution (hereinafter referred to as “victim Company”) and has been in charge of the business of selling or subleting the above tables to the above companies that want to advertise the tables after purchasing or renting it.

As above, the Defendant, as an employee of the victim company, violated his duty to trade the tables on behalf of the victim company, and thus was willing to sell or sublease the tables that he purchased or leased by using the equipment and human resources of the victim company following the victim company.

Around January 22, 2018, the Defendant sold or sub-leaseed the tables that he personally purchased from the above victim company's office to the KCAF and received KRW 900,000 from that time to June 26, 2018 by using the equipment and human resources of the victim company for 73 times in total, as shown in the separate crime list between the victim company and the victim company from June 26, 2018, the Defendant acquired the amount of non-property benefits equivalent to the cost of the victim company's equipment and human resources and suffered losses in the amount of the victim company.

2. On June 30, 2018, the Defendant, while serving as the head of the marketing department of the above company at the victim company’s office as the head of the marketing division of the above company around June 30, 2018, was in business custody for the victim company, while leaving the victim company at his/her own discretion while leaving the victim company and leaving the Samsung mobile phone of the amounting to KRW 155,000 at the market price, which is equivalent to KRW 139,00,000.