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(영문) 서울북부지방법원 2016.04.06 2016고단213
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 1, 1998 to February 10, 2015, the Defendant is a person who has been in charge of the management and delivery of goods for use at the Business Support Center of the Victim D Co., Ltd.

From March 5, 2012 to January 9, 2015, the Defendant agreed with the Seoul Seongbuk-gu Business Support Center in relation to the above amount of KRW 766,465,00 in total, as shown in the attached Table, with F, to divide the amount of money for the boxes corresponding to the difference into the proportion of 4:6 (F instead of receiving less than the money for the boxes actually suffering from and disposed of in violation of the occupational duty that should be normally managed in the process of receiving a paper box from F in the process of receiving a paper box from F, and instead of receiving a box, the Defendant acquired the money for the boxes equivalent to KRW 324,35,00 in total from F, while receiving a paper box in excess of the amount of KRW 766,465,00 in total, and paid the money to F, thereby incurring property damage equivalent to the sum of the money for the victim’s property damage to the same company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act (Punishment of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A person whose sentencing under Article 62-2 of the Social Services Criminal Act is 2.1 billion won or more based on the basis of the classification of the types of sentencing criteria, who is less than 500 million won or less than 50 million won or more than 2.2 years or more to 2 years or more to 5 years: aggravating factors (a false account book) and a person who is subject to general sentencing: Aggravating factors (no record of punishment): Aggravating factors (no record of punishment): Imprisonment with prison labor for not more than 10 years or a fine of not more than 30 million won: Imprisonment with prison labor for not more than 1 year, 2 years of suspended sentence, community service, or 160 hours, and the sentencing guidelines set by the sentencing committee set by the Supreme Court of Korea for 160 hours or less, and the following sentencing factors are shown in arguments, such as the defendant's age, sex, family environment, etc.

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