특정경제범죄가중처벌등에관한법률위반(배임)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
The summary of the reasons for appeal includes not only the case of actual loss but also the case of property risk, which can be seen as the reduction of value, and even if the act of breach of trust is null and void by law, it does not affect the establishment of the crime of breach of trust.
Therefore, even if the Defendant’s act is invalid against D Co., Ltd. (hereinafter “D”), the crime of breach of trust should be established as long as the risk of property damage is caused to D.
The judgment of the court below which acquitted the defendant on the premise different from this is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
The summary of the facts charged is that the Defendant, on July 1, 2007, was working as D’s operating staff who sells the mixed feed, and sold the mixed feed to G farm and H farm run by F from May 29, 2012.
If discount is necessary to maintain continuous transactions with customers, the defendant has a duty to determine discount rates in accordance with the Business Management Manual and to not cause damage to D with internal approval.
The Defendant supplied F with the combined feed equivalent to KRW 58,87,045, around July 2013, and discounted the volume incentive of KRW 4,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00,00,00.
In terms of shipping incentives.