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(영문) 부산지방법원 동부지원 2013.12.24 2013고단2873
업무상배임
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

C is a person who is engaged in the business of arranging the transaction of the victim's construction machinery and receiving the transaction price while working in the construction machinery brokerage office operated by the victim F. The defendant A is a person who is engaged in the construction machinery leasing business in the trade name of H from Busan-gu G, Busan-gu, and the defendant B is a person who is engaged in the construction machinery leasing business in the trade name of Busan-gu I and J from 210.

Defendant

C around March 201, 201, at the KEU's office located in Chungcheongnam-gun, Chungcheongnam-gun, the amount of money received from the victim by deceiving the victim and the amount paid to the seller when purchasing the string period, and the amount less than the actual sale price when selling the string period, after deceiving the victim, the victim, who sold the string period at a lower price than the actual sale price, requested the victim to cooperate with the above crime by making phone calls to the defendant A and B to acquire the difference, and the defendant A and B were also willing to commit the crime by accepting it.

1. On April 7, 2011, at Defendant B’s J office, the Defendants mediated the conclusion of a contract to purchase the victim’s 70 tons M 317 million won with L. In such a case, the Defendants are obliged to inform the victim of the purchase price and pay the amount thereof.

Nevertheless, in violation of this, the Defendants decided to purchase the above 350,000,000 won for the 355,700,000 won.

The victim transferred the amount of KRW 500,000,000 to the Busan bank account in the name of the defendant A, KRW 370,000,000 on April 7, 201, KRW 355,70,000 on May 11, 201, and KRW 357,000,000 to the purchase price.

As a result, the Defendants conspired to make a difference 3.

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