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(영문) 부산지방법원 2014.09.05 2014고단6357

업무상배임

Text

Defendant

A Imprisonment for 6 months, Defendant F shall be punished by a fine of 1,000,000 won.

Defendant

F. The above fine.

Reasons

Punishment of the crime

1. The Defendant served as a business director (a promotion to the managing director around 201) of the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) (hereinafter “victim Co., Ltd.”) established from around April 2005 to April 3, 2013 for the purpose of the Steinty retail business, compared to the price by securing transaction partners in need of Steinty lease products, and ordered the Victim Co., Ltd. to place an order for Steinty Lease, and ordered the Victim Co., Ltd. to deliver the ordered Steinty Lease products to the customer, and collected the sales proceeds of Steinty Lease from the customer.

Since the Defendant was engaged in the business of selling the ice lease product ordered by the customer as above in the victim company, there was a duty to faithfully select and sell the customer who is able to receive the price for the ice lease product on behalf of the victim company and to prevent damage to the victim company by preventing sales proceeds from occurring.

On December 3, 2005, the Defendant: (a) at the victim’s office located in Busan-gu Busan-gu, Busan-do, sold in violation of the above duties and reselled to another customer with a sales margin or did not pay part of the sales proceeds to the victim’s company; and (b) in mind, the Defendant, who was in bad credit standing, was in violation of the above duties, was selected as a customer, and was in bad credit standing distribution company, which was operated by the Defendant after business registration under the name of O, was designated as a customer; and (c) from the above “S, the Defendant ordered that the Switzerland lease products owned by the victim’s company be sent the above Switzerland to the designated customer; and (d) was transferred the sales proceeds to the account in the name of S.

As a result, the defendant did not pay part of the sales, sales, or received money in violation of his duties, thereby acquiring the amount equivalent to the payable amount, and property damage equivalent to KRW 8,262,276 to the victim company.