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(영문) 부산지방법원 2012.07.12 2011고단7788
업무상배임
Text

Defendants not guilty

Reasons

1. The summary of the facts charged is as follows: Defendant A was engaged in the sale of uniforms from March 7, 2006 to March 11, 201; Defendant B was engaged in the sale of uniforms from January 5, 2008 to February 17, 201, respectively.

On every Saturday, the Defendants received a uniform of sale from H, which is an accounting employee of the above G, for one week, and prepared and delivered a “seller’s management slip” and “detailed statement of weekly business operations” with the sales volume, stock quantity, business expenses, etc. during the preceding one week to H, and then entered the Defendants’ business performance, etc. in the computer program called “Yeman도요” on the basis of the “seller’s management slip” and “day business specifications” and operated the business by means of cash transfer to the victims or payment in cash.

During that process, the Defendants, as the victim’s sales price was difficult to achieve the sales performance required by the victim, failed to enter or enter a less quantity than the actual delivery quantity in the “salesman management slip” in the “salesman management slip,” thereby securing an additional quantity in which the said H did not enter the said computer program, and then sold a uniform at a price discounted than the sales price designated by the victim to the customer. The Defendants, who received the sales proceeds from the customer, had the business performance uneasting by issuing or remitting the sales proceeds as if the Defendants were the sales proceeds for the previously delivered quantity, as if they were the sales proceeds for the previously delivered quantity.

Defendant

A The Defendant, as a member of the victim’s business, shall accurately enter the quantity of passenger uniforms released to the victim in the “sales slip” and notify the victim of the quantity of passenger uniforms released to the victim. In selling passenger uniforms to the customer, the Defendant shall sell the uniforms at the selling price designated by the victim so that no damage may be inflicted on the victim.

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