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(영문) 수원지방법원 2015.11.09 2013고단4134
업무상배임등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from November 21, 2008 to April 30, 2012, is a person who was in charge of discovering and managing a trading company, collecting transaction fees, collecting transaction fees, etc. from the victim FF corporation located in Osan-si E as the director of the division.

1. Occupational breach of trust: (a) When the Defendant produced medical expendable goods at the victim company and supplied them to the medical wholesalers or distributors, the pertinent goods are finally provided to consumers via retail stores such as other wholesalers, pharmacies, hospitals, marinas, etc.; (b) upon being aware of the fact that each company in the course of distribution became aware of the fact that the pertinent goods remain at a reasonable rate, each company established the wholesale company and received the products produced at the victim company at the highest price, and then sold them to other wholesalers and retailers with profits equivalent to the difference with them.

Accordingly, the Defendant, on December 3, 2010, concluded that “H” wholesale business was established in the name of the Defendant’s mother G, and “I, a management director of the victim company, discovered a new H” wholesale business at once, and is a kind of wholesale business that supplies it to other wholesale business than a pharmacy or hospital, so our company can secure H’s existing trading business with H when it trades with H. Therefore, our company should commence a transaction with H by lowering the unit price of supply compared to other wholesale business.”

The Defendant, as above, concealed the fact that H’s business operator is G and the fact that H’s actual manager is the Defendant and obtained approval for the transaction from the victim company, and subsequently, on February 10, 201, the “J” of the pharmaceutical products produced by the victim company is lower than KRW 198,171, which is the supply price for other wholesale companies.

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