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(영문) 창원지방법원 통영지원 2017.01.03 2016고합51

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment of 15 years, Defendant B’s imprisonment of 10 months, Defendant D’s fine of 3,00,000 won.

Reasons

Punishment of the crime

"2016 Gohap 51"

1. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as “R”) related to the provision of ancillary equipment to Defendant A was the deputy head of the S business department T of the victim R Co., Ltd. (hereinafter referred to as “R”) from around 2006 to set off on October 31, 2015 while performing the business of purchasing ancillary equipment and providing accommodation for the dispatched employees and dispatched technicians. Defendant A was the actual operator of V, D, and E (hereinafter referred to as “V, etc.”) established for the purpose of selling phrases, etc.

Defendant

A Upon receipt of a request for provision of office supplies, etc. necessary for business affairs from a person with prior injection or dispatch technology under a contract entered into with the victim or dispatch technology, A, the subsidiary company of A, made the supplier enter into a supply contract with the supplier, and made the supplier deliver the relevant goods to the prior disbursement of the goods, and made the supplier confirm whether the goods have been properly supplied to the supplier. On the other hand, after reviewing the details of the transaction submitted to the supplier through W, after reviewing the details of the transaction list prepared by the supplier and submitted to the supplier, the victim was required to pay the amount equivalent to the price of the goods supplied to the actual prior disbursement through W with the approval of the head of the department.

Defendant

A, as seen above, ① in the form of the delivery of the specifications of the transaction prepared by the supplier at the request of the supplier to the supplier directly without the request for purchase to W, it does not confirm whether the supplier was actually supplied by the supplier, relianceing only on the signature of the specifications of the transaction when the supplier was signed and the specifications of the transaction are submitted to W, and ② unlike the departments other than the departments attached to the S business Department, without the involvement of the PM in charge of the relevant vessel due to the shortage of human resources, the KM review is conducted to handle the funds related to the purchase of ancillary equipment of the relevant vessel.