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(영문) 광주지방법원 2018.09.06 2018고단358
업무상배임등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From December 3, 2007 to October 31, 2016, the Defendant in occupational breach of trust has been in charge of the sales of drugs produced by the victim while working as the head of the Gwangju Business Office of the victim C&C corporation from around December 3, 2007 and has been in charge of the business of selling drugs and collecting money. Although there was a duty to observe the discount rate set according to the victim’s business policy (hereinafter “designated discount rate”), from around December 21, 2007 to October 5, 2016, the Defendant used a higher discount rate (hereinafter “actual discount rate”) at will to the customer at 200 places where D’s pharmacy, etc. was managed by the victim, and thereby, sold medicines produced by the victimized parties, such as E, etc., thereby incurring damage equivalent to the difference between the amount calculated in the account book calculated in accordance with the designated discount rate and the actual sales amount calculated in accordance with the actual discount rate and acquiring financial profits from the customer.

2. In order not to raise awareness of the fact that the Defendant, as above, sells drugs at a discount to customers, he voluntarily recorded the column of the column of the deposit in the transaction account book, and subsequently, he had the said Gwangju place of business affixed the G seal of the warden of the said Gwangju place of business at the said Gwangju place of business on August 31, 2011. On August 31, 2011, the Defendant: (a) stated “300,000” in the column of the transaction with other I pharmacy on August 31, 201 of the books on the transaction with other I pharmacy; and (b) arbitrarily affixed the G seal thereon.

In addition, from that time to August 28, 2016, the Defendant arbitrarily sealed G seals more than 104 times as indicated in the list of crimes in the annexed sheet of crimes, and used the seals of others for the purpose of exercising them.

Summary of Evidence

1. The defendant's statement at the third public trial date in court;

1. Statement made by the police to J;

1. Copies of each transaction account book;

1. The head of each sales office on credit;

1. To search and compile the details of each transaction (part of the list) in the statute;

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