beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding the facts) is that the Defendant, as the regular manager of the victim E-stock company, has a duty to sell oil to the gas stations which are customers within the credit limit set by the above company, and was consented by the above victims to sell oil to the gas stations exceeding the F’s credit limit.
Therefore, it is difficult to see that the defendant violated his duties, such as the facts charged in the judgment below.
Although it can be seen, the judgment of the court below that acquitted the defendant on the other premise is erroneous due to the mistake of facts.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged is a person who works as a regular manager of the victim E Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government from February 2, 2011 to November 2013 and was in general in charge of oil sales business, such as the purchase and sale of oil, and a person who obtained the consent of the victim company among the customers of the victim company from December 24, 201 to December 2, 2013 and operated the F Co., Ltd.
The above victim company sold oil to the gas station which is the business partner, and must pay the oil by receiving the oil from the oil station, and set the credit limit of the gas station, which is the business partner, from the daily sales of the gas station to the amount of four times the amount of sales of the gas station. As such, F Co., Ltd. was approximately KRW 400-600,000, and only to the extent, it can receive the oil on credit.
However, the Defendant had already taken over the F Company F’s debt of KRW 135 million and had already exceeded the above credit limit and could not receive oil supply due to credit.
Defendant goes against his duty to supply oil to F Co., Ltd. without exceeding the above credit limit, and the Defendant, from December 24, 2012 to December 2, 2013, oil equivalent to KRW 103,54,00 exceeding the above credit limit in order to promote the interest of F Co., Ltd., a business partner of the victim company, from December 24, 2013.