(영문) 대전지방법원 천안지원 2020.05.22 2020고단31

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2020.05.22 2020고단31

업무상배임

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

[Criminal Power] On August 22, 2019, the Defendant was sentenced to two years of imprisonment and three years of suspended execution for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at the port support of the Daegu District Court (Tgu District Court), and the said judgment became final and conclusive on August 30, 2019.

【Criminal Facts】

From March 2017 to January 18, 2018, the Defendant is a person who operated a store by entering into a contract with the content that if the Defendant sells and opens a mobile phone upon being entrusted with the sales and opening of the mobile phone from the victim B to the victim B’s “D” located in Seocho-gu Seoul Metropolitan Government and “DF” located in the same Gu E.

(G)G is a company that enters into a consignment contract with a subsidiary company entrusted with the business of opening a mobile phone by H(State), K(State), etc., which is a communications company, and sells and opens a mobile phone provided by the entrusting company to the customer.

In such cases, the defendant has duties such as selling and opening the mobile phone in good faith along with the management of the mobile phone terminal provided by the victim according to the terms of the entrustment contract with the victim, and paying customer subsidies according to the procedures.

1. On January 12, 2018, the Defendant in breach of occupational duty in violation of the aforementioned occupational duties in the “(State)D”, and the fact was that J opened a mobile phone without considering its intention to normally use the mobile phone, and then up sales performance with knowledge that it is a plan to sell it, and then opened a unit of AIP-256G (a model name AIP-256G) with a view to receiving allowances from the victim, and thereby, caused the victim to pay penalty to the telecommunications company due to the abnormal opening of the mobile phone, thereby causing damage of KRW 1,787,600 to the victim.

2. Occupational embezzlement:

참조조문

-청소년의 성보호에 관한 법률

유사 판례

-수원지방법원 평택지원 2018.07.05 2018고단911

-수원지방법원 안산지원 2016.07.07 2014고단2672

-전주지방법원 군산지원 2016.07.13 2015고단708

-대전지방법원 천안지원 2014.11.27 2014고단892

-수원지방법원 안산지원 2016.05.04 2015고단687