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(영문) 광주지방법원 순천지원 2018.07.19 2018고합26
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendants shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Presumption Facts] The injured party C (hereinafter “C”) grants a person with certain security or credit to obtain a successful bid, enter into a contract with a specific intermediary, purchase with a specific intermediary, and pay the fishermen a price calculated by deducting 4.3% of the successful bid price or the purchase price from each other, and even when the grace period has elapsed after receiving a grace period for 15 days from each other, the sales price or the purchase price for the fishery products is paid to the persons with certain security or credit, and the fishery products are consigned to a sales contract with the contents that impose interest on a certain ratio when the grace period has expired.

Defendant

A worked as a director (director of sales division) in the C E branch office (E sales division) located in D from January 1, 2016 to October 31, 2017, in charge of the consignment sale of fishery products, the settlement of sales price for each person, the management of accounts receivable, etc., and Defendant B entered into a transaction agreement with the victim between June 5, 2016 and June 7, 2017, and purchased and distributed literary, uniform, etc. through several contracts with the victim designated as F.

Defendant

B purchased active fish and other active fish at the market price of the fishermen entrusted to the victim from July 2016, and sold them after placing them in the active fish satisfaction room in C E branch. However, the transaction was reduced to KRW 230 million due to the failure to resolve the outstanding amount in excess of the transaction as of the end of 2016, and around June 7, 2017, the interest rate on the outstanding amount in excess of KRW 290 million deposited by the victim from the existing defendant was set off against the outstanding amount and the interest rate of KRW 20 million.

Accordingly, Defendant B shall lose the security necessary for the transaction.

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