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(영문) 의정부지방법원 고양지원 2019.06.18 2019고합41

배임수재

Text

Defendant

A Imprisonment with prison labor for one year and for one year and six months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

[Criminal Justice] On July 5, 2018, Defendant B was sentenced to six months of imprisonment and two years of suspended execution for the crime of occupational embezzlement in the Goyang Branch of the District Court for the purpose of occupational embezzlement, and the above judgment was finalized on July 13, 2018.

【Criminal Facts】

C Co., Ltd. (hereinafter referred to as “C”) entered into a logistics agency agreement with D (hereinafter referred to as “D”) from 2009 to 2017, and performed duties, such as storage, delivery, and return of materials for D learning.

The Defendants, as employees of the Foreign Affairs Management Team, had a duty to pay D the price for the return of teaching materials to the general sales of each nation by checking the quantity of D learning materials returned from the total sales of each nation, checking whether D learning materials were returned in accordance with the table, and checking whether C returned to D, and reporting D properly.

Defendant

B Around December 201, the Defendant: (a) received an unlawful solicitation as to his/her duties to the effect that “When returning DNA teaching materials, he/she would receive an amount equivalent to 1/2 of the sales price of the teaching materials if he/she impliedly read that he/she would receive an excessive amount of return of the previous list when returning DNA teaching materials from the representative director G of the F Co., Ltd. (hereinafter referred to as “F”) (hereinafter referred to as “F”); (b) received a return of D teaching materials from F; (c) did not examine the actual quantity when examining the D teaching materials, etc. returned from F; and (d) accepted the quantity of return as indicated in the submitted slips; and (d) reported by C to D; and (c) obtained the honorarium from the above warehouse on December 29, 201, the amount of return from G to the list as stated; and (d) obtained KRW 130,000,000 won incurred in the plastic envelope between the items that had been promised in advance when returning the teaching materials for learning.

Defendant A, on January 2012, was aware of the fact that the amount of return of the previous list was larger than the actual amount of return while examining teaching materials for D learning returned from F in the above warehouse: (a) Defendant A, a superior, reported the contents thereof to Defendant B; (b) but (c) returned insufficient amount from G.