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(영문) 부산지방법원 2015.11.05 2014고단7211

업무상배임등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 5, 2013, from around September 5, 2013 to around September 5, 2013, the Defendant in breach of occupational duty: (a) operated a G agency located in the Busan Shipping Daegu F agency in which the victim D and the victim E are in partnership; (b) operated as the shop; and (c) sold the mobile phone to the customers, used it as the store, sold the mobile phone, recovered, recovered from the cell phone, and charged

When the above agency sells the mobile phone to the customers, the defendant agreed to grant subsidies within the scope (such as the type of the existing mobile phone device returned from the customers, whether to apply for additional services by the customers, and the Internet, etc.) excluding the sales promotion and taxes, etc. of the G agency from the mobile phone sales support fund provided as a G agency, and sold the mobile phone to the victims so as not to cause any damage to the victims.

Nevertheless, on April 5, 2013, the Defendant sold the mobile phone under the condition to support H, a customer who opened the mobile phone and opened the mobile phone in violation of the aforementioned occupational duties, and the victims prepared and reported a false statement of penalty (the book stating the amount agreed to be paid to the customer) under the condition to support the customer’s subsidy of KRW 200,000,00, thereby allowing the victims to provide the said H with KRW 200,000,000 as stated in the list of penalty (the book stating the amount agreed to be paid to the customer), thereby requiring the victims to receive a warning from the employee of the LB P and H who received the civil petition, and the victims paid KRW 111,60,00, the unpaid portion of the subsidy agreed by the Defendant to the said H.

The Defendant, from that time until September 5, 2013, agreed to grant more than 45 subsidies, such as the list of offenses (1) in attached Form 45 times, to customers.