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(영문) 전주지방법원 2017.04.20 2016고단2444
업무상배임
Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A worked as the factory site of FF DogP (Good Manufacturing Practice Criteria) located in G in Jinandong-gun G prior to the regular interest of the victims FFF agricultural cooperatives located in Jinandong-gun in North Korea, and Defendant B is the director of the victims FF agricultural cooperative, and the farmer of ginseng, and the victim tried to purchase the neighboring ginseng for six years in preparation for the fluence around September 2015.

1. When a person in charge of the purchase of ginseng from Defendant A AF performs his/her duties, he/she shall not purchase ginseng with no confirmation as to whether he/she used residual agricultural chemicals and chemical fertilizers as prescribed by Ordinance of the Ministry of Agriculture and Forestry, without reporting on cultivation in compliance with relevant statutes, such as the Ginseng Industry Act, and relevant regulations of the FFC, and without confirming the root year of employees in charge of inspection of the Agricultural Cooperatives;

Nevertheless, on September 9, 2015, the Defendant did not comply with the above provisions related to the purchase of ginseng, and violated his duties, and purchased ginseng from FF No. 1,644 at the ginseng field, the director of Kim Jong-si, Kim Jong-si, Kim Jong-si, and at the request of B, the Defendant: (a) purchased ginseng from B; (b) purchased ginseng at approximately 740 square meters at the same time; (c) did not confirm the root year of J, an employee in charge of inspection without reporting cultivation; and (d) did not verify the safety of whether he used residual agricultural chemicals and chemical fertilizers; and (b) made it possible to purchase ginseng from the above H to six years after mixing it with the ginseng extracted from the above H, 3,469.5 kilogram; and (d) made a false statement to purchase the ginseng from the above H to 5,023k; and (e) made a false statement to purchase it with the victim’s root year certificate and 108.57.15

As a result, the defendant has acquired financial benefits equivalent to 56,143,800 won from B in violation of occupational duties, and is the same as the victim.

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