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(영문) 광주지방법원 2019.01.11 2016고단1914
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The "victim B corporation" (hereinafter referred to as "victim B") is a corporation established for the purpose of wholesale and retail business of functional health foods, and entered into a franchise agreement with a pharmacy, and dispatched its employees to the relevant pharmacy and made its employees sell functional health foods of the victimized company at the relevant pharmacy.

The Defendant served as an employee of the victimized company from November 22, 2013 to June 30, 2015. From November 22, 2013 to December 4, 2013, the Defendant was in charge of: (a) “E pharmacy” located in Gwangju Dong-gu; (b) “G pharmacy” located in the Gwangju Mine-gu F from December 5, 2013 to March 11, 2014; and (c) selling the functional health foods of the victimized company from March 12, 2014 to June 30, 2015 to the “E pharmacy”; and (d) selling the damaged company’s functional health foods by sending them to the “E pharmacy”; and (e) managing the sales by reporting and receiving payments to the victimized company every day.

1. A list of offenses set forth in the attached Table from around December 2013 to June 2015, the Defendant:

1. Goods supplied with health functional foods equivalent to the sum of KRW 497,641,960, as indicated in the description, were actually sold, and goods equivalent to KRW 119,281,070 among them were arbitrarily consumed while keeping the remainder of KRW 378,360,890 for the damaged company;

Accordingly, the Defendant embezzled functional health foods equivalent to KRW 378,360,890 owned by the victimized company.

2. Occupational breach of trust;

A. The Defendant related to the franchise pharmacy fee: (a) sells functional health foods supplied by the victimized company at the fixed price determined by the victimized company while working for the said “E” from November 22, 2013 to November 30, 2013; and (b) enter the sales of such functional health foods into H “H”, which is the electronic sales management system of the victimized company; and (c) accurately enters the victimized company’s sales of such functional health foods into 15 percent of the sales of each month.

2. Where more than 15 percent of the fees are paid as described, 3.5 million won, if the fees to be paid for the E-Contracting are less than 3.5 million won.

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