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(영문) 울산지방법원 2015.12.04 2015고합141
업무상배임등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

39,464,500 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant, from May 6, 2009, is a director of the U.S. U.S. U.S. D. U.S. factory in Ulsan-gu, U.S. and has overall control over business management, such as concluding a contract for supplying parts with the cooperation company.

1. Occupational breach of trust;

A. A. Around October 2010, the Defendant entered into a contract for the supply of parts with E, which is a customer of the victim company, at the victim company’s office, and there was an occupational duty to properly assess the transaction unit price of each part and determine the supply price in accordance with the actual unit price. However, the Defendant entered into a supply contract with the actual unit price of 60,000 parts in violation of the occupational duty and received a refund of KRW 2,00,000 from the above E to the Agricultural Cooperative Account in F.

In addition, from that time until August 11, 2014, the Defendant acquired property benefits of KRW 27,820,000 in total of the unit price by the same method in the same way as shown in attached Table (1) through the same method from that time until August 11, 2014, and inflicted damage equivalent to the same amount on the victim company.

B. Around June 3, 2013, the Defendant entered into a contract for the supply of parts with G, which is a customer of the victim company, at the victim company office, and there was an occupational duty to properly assess the transaction unit price of each part and set the supply price in accordance with the actual unit price. However, the Defendant entered into a supply contract with the actual unit price of 11,800 parts in violation of the said occupational duty with the unit price of 15,000 won, and received a refund of KRW 960,000 in total from the said G to the agricultural bank account in the name of F.

In addition, from that time until October 2, 2014, the Defendant acquired property benefits of KRW 40,800,000 in total from 13 times in the same way as indicated in the attached list of crimes in the same way from that time to that of October 2, 2014, and caused damage equivalent to the same amount to the victim company.

2. The Defendant is in breach of trust.

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