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(영문) 부산지방법원 2013.05.30 2012고단8847
업무상배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2012 Highest 8847] The Defendant was engaged in the purchase and provision of promotional items at the Dongsan Business Center of the Victim C corporation from August 2009 to July 2012 by taking overall control of the mobile phone agencies in Busan and Ulsan area.

From July 30, 2010 to July 21, 2011, the Defendant paid a corporate credit card, which was paid and used by the above victim to its employees for the purchase, etc. of promotional products, in violation of the duty to use for the above company, the Defendant acquired property benefits by settling 16,230,000 won with the corporate credit card paid to D who is an employee in violation of the duty, such as paying the amount of KRW 1,20,000 to purchase the promotional products with the corporate credit card paid to D who is an employee. From that time to July 21, 2011, the Defendant paid 15 times more than 16,230,000 won, such as electronic equipment, etc. with D and E corporate credit card, which is the Defendant and employees, and caused damage equivalent to the above company.

[2013 Highest 199] The Defendant was in charge of retail-general affairs at the Dong Busan Business Center of the Victim C Co., Ltd.

If the above company receives human resources from the F company, which is a human resources contracting company, and works at each point across the country, reports from the head of the point to which the worker belongs and the person in charge of retail general management and management and pays the worker's monthly salary to F company in accordance with the reported recent circumstances, the F company pays the worker's monthly salary. Thus, the defendant violates his duty to manage and report the above worker's work faithfully and to prevent the payment of the monthly salary from being unfairly paid, in violation of this duty, regardless of whether there is a duty to do so.

1. On November 1, 2010, the Defendant had falsely registered G who did not work at the Dongsan Business Center’s office, as if he had been provided by the said F Company, and reported it to the said F Company from that time to July 31, 201, as if he had worked at the Dongsan Business Center’s office.

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