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(영문) 대구지방법원 2015.10.08 2014고단3075
업무상배임
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant A is the owner of G and H in which the joint representative director of the victims F Co., Ltd. (hereinafter “F”) in Gumi-si E and the F supply tin as a raw material for manufacturing sanitary instrument. Defendant B is the joint representative director of F, and the Defendants are the joint representative director of F and exercise overall control over the above company’s business on behalf of F.

The Defendants, who finally direct and supervise the F’s raw material purchase business, have the duty to purchase raw materials at an appropriate price for the interest of the said company, and to not pay F’s funds at a price substantially exceeding the reasonable price.

Nevertheless, the Defendants conspired to support G and H by means of significantly raising the price of tin purchase in order to reduce profits due to the reduction of production by G and H, Defendant A’s personal management.

From 197 to 2007, F has been supplied with 10,000 won per ton of 10,000 won per ton of tin mine, from May 21, 2007 to October 31, 2009, after the Defendants assumed office as a joint representative director, 113,000 won per ton of 135,000 won per ton of 135,000 won from October 31, 2009 to March 31, 2010, from April 30, 201 to December 31, 201, ton of 145,000 won per ton of 10,000 won per ton of 10,000 won per ton of 31, 200,000 won from December 31, 201 to December 31, 2012.

In addition, since 2007, Defendant A supplied tin to Japan I with export transportation cost (23,00 won per ton) and customs clearance charge (79,000 won per ton or 170,000 won per ton with the approval of exchange rate applied, and 56,000 won or 147,000 won when the deduction of transport cost was made) without price change.

In addition, J and K also supply 90,000 won per ton on the basis of the upper limit of the luminous mine for the same kind of tin manufacturing company to L Co., Ltd. or M, a large sanitary machine manufacturing company.

Nevertheless, Defendant A's unit price for the supply of tin from July 1, 2012 to F on June 11, 2012 is 165.

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