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(영문) 창원지방법원 2012.12.06 2011고합9
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. From June 2005 to December 9, 2008, the Defendant was working as the head of the victim El Electronic Co., Ltd. (hereinafter “victim”) from Jun. 2005 to Dec. 3, 2008, and was engaged in material procurement business, such as the unit price determination of an enterprise that supplies raw materials for electronic sirens, and had a duty not to engage in the act of engaging in one’s own business or other person’s business without permission, joint investment with an interested party related to one’s duties, to promote an individual’s profit by taking advantage of his/her position, to select his/her family or relatives as a delivery company or to exercise influence over trading with the delivery company.

Nevertheless, the Defendant violated the above duties with respect to the supply of STS 304 (hereinafter “304”) and STS 430 (hereinafter “430”), which is a class of Switzerland lease (hereinafter “the Defendant established the E Co., Ltd. (hereinafter “F”) without any processing and production facilities by registering his/her own birth as the representative director on or around June 2005, and operating the F Co., Ltd. (hereinafter “F Co., Ltd.”). (hereinafter “F”) with the first processing company’s first processing company’s unit price at KRW 304,419 (hereinafter “G”), and then, the Defendant purchased 304,419,000 from G Co., Ltd. (hereinafter “the 2nd processing company”) to supply the 2nd processing company’s raw materials at KRW 40,000,000 from the 2nd processing company to the 1st processing company’s supply of the 306th unit price at KRW 1630,006,000.

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