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(영문) 서울중앙지방법원 2012.10.05 2011고합1661
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From March 25, 2008 to June 8, 2009, the Defendant was engaged in overall management of the company's affairs, such as the purchase of all parts and personnel, financial and accounting funds, as the representative director of the victim D corporation.

As a representative director of the victim, the defendant has a duty to preserve the company's assets and operate the company with the duty of due care as a good manager so as not to infringe the interests of the company and shareholders.

During that process, the Defendant did not have any special problem in the process of directly purchasing PCB parts from E (PCB) by a third party. Rather, when purchasing parts through a third party in the middle, the Defendant participated in the middle in the direct purchase method of parts between the third party, such as the increase of unnecessary purchase cost and the complicated processing when disputes occur in the course of transaction of parts, and in the middle, did not have any reasonable managerial reason to change the method of purchasing parts from the third party, the Defendant’s former spouse, etc. participates in the middle to the third party by the third party, and the Defendant’s former spouse, etc. purchased parts from the above Co., Ltd., and the victim thought to provide the F Co., Ltd. with property benefits equivalent to the profit margin by changing the method of purchasing parts at lower price than the purchase price of parts

The Defendant, around November 2008, purchased from F Co., Ltd., 57.66 won per opening from E Co., Ltd., 16,8822,610 won in total, KRW 2927,745 won from F Co., Ltd., 68 million in total, KRW 19,9080,660 won from F Co., Ltd., and had F Co., Ltd obtain profits equivalent to KRW 3,0263,050 in total from June 2009, from that time, the Defendant purchased from F Co., Ltd., 3,0260 won in total, KRW 95,8540 million in total, and the unit price difference between F Co., Ltd. and the unit price of F Co., Ltd., Ltd. from June 2009.

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