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(영문) 대전지방법원 2017.09.01 2016고단4323
업무상배임
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and two months;

2. Defendant B shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A The same year from January 1, 2015 to the same year

5. A person who worked as the head of a branch office of D stores until March 31, 200, and Defendant B is a person in charge of business and computer affairs while working as the head of the business team of D stores for the above period.

Defendant

A around January 5, 2015, at D stores operated by F Co., Ltd. F, Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., the company's products are available only for general consumers, and they are not sold to persons for business purposes, such as Internet shopping malls. However, in order to enhance the business performance, G, an Internet shopping mall operator, received cash 2,750,000 and sold 3,00,000,000 won with the credit card of Defendant's seat, after selling them.

From that time to May 8, 2015, the Defendants sold G’s electronic equipment worth KRW 545,415,00 in total at a discounted rate of KRW 545,415,00 from that time by 324 times until May 8, 2015, but, in the company’s computer, the Defendants registered goods at the normal price as if they were sold at the company’s arm’s length price, and operated its business by way of settling the Defendants or their neighbors’ credit cards with a total of KRW 545,415,00,00 with cash

Defendant

A around May 13, 2015, the Defendants ordered the Defendant B to cancel the credit card payment details due to difficulties in settling the credit card payment settled by the Defendants, and Defendant B revoked the credit card transaction amounting to KRW 122,579,000 in total, as stated in the attached crime list, at the above D store around May 14, 2015.

As a result, the Defendants conspired in breach of their occupational duty to manage the sales of goods and the sales price of the above company, thereby causing damages equivalent to KRW 122,579,00 to the victim company and obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant B’s legal statement 1.

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