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(영문) 대법원 2017.10.12 2017도6151
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The judgment below is reversed, and the case is remanded to the Seoul High Court.

Reasons

The grounds of appeal are examined.

1. The Defendant was working as a business employee of the mixed feed sales company D (hereinafter “victim”). From May 2012, the Defendant sold the mixed feed to G farm operated by F, etc.

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 the victim company with internal approval.

Nevertheless, in violation of the above duties, the Defendant supplied FF with the combined feed equivalent to KRW 58,87,045, in July 2013, 400,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00.

2. The first instance judgment is based on the following facts found by records, namely, F is engaged in fish farming for a long time and engages in feed transactions, and is also within the scope of the business personnel’s competence.

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