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(영문) 인천지방법원 2016.12.15 2016고단6440
업무상배임등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in occupational breach of trust was a mobile phone dealer from D, which is a LG U agency located in Gwangju-dong-gu, Gwangju-gu, the victim B, to October 31, 2015, and was in charge of mobile phone sales and store management, etc. from November 1, 2015 to April 2, 2016.

When the Defendant sold the mobile phone to the customers in the above D, the Defendant agreed to grant subsidies within the scope (such as the type of the existing mobile phone devices returned from the customers, whether to apply for additional services by the customers, and the Internet, etc.) excluding the sales closing of D and taxes, etc. from the mobile phone sales support fund provided to D from the (ju) ELS, and sold the mobile phone to the customers in order to prevent damage to the victims by selling the mobile phone.

Nevertheless, around July 28, 2015, the Defendant returned the existing mobile phone to E, a customer who has opened the mobile phone in violation of the above occupational duties and opened the new mobile phone, and sold the mobile phone on the condition that 2.49,000 won should be provided due to the remaining installments of the existing mobile device and the penalty for breach of contract, etc., and caused the victim to pay KRW 300,000 out of the subsidies agreed by the Defendant to the above E, who filed a civil petition around March 27, 2016.

In addition, from March 21, 2016 to April 8, 2016, the Defendant agreed to provide support exceeding 129 customers for a total of 129 times, as indicated in the attached list of crimes, and sold mobile phones, thereby allowing the victim to pay a total of KRW 3,0637,227 out of the subsidies agreed by the Defendant from March 21, 2016 to April 9, 2016, thereby allowing the customer to obtain pecuniary benefits of KRW 3,0637,227,00,000 from March 21, 2016, and thereby causing damage equivalent to the same amount to the victim.

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