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(영문) 인천지방법원 2021.02.04 2020고단10733
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who, from March 1, 2014 to June 7, 2020, works as a general manager of “D” located in Dong-gu, Seocheon-gu, the sales store of the victim B corporation from March 1, 2014 to the sales store of the victim B corporation, and was engaged in duties, such as selling clothes for women and inventory management.

In the consignment sale of the victim's goods, the defendant shall accurately enter the details of goods sold in the data processing system for reporting sales of the victim's goods, sales price, and refund disposal, and in selling the victim's clothes in the above store, he/she shall sell them according to the amount determined by the victim, and shall not sell them at a discounted price, and he/she has a duty to obtain prior approval if a reason for discount arises

Nevertheless, the Defendant violated his duties, and from around July 2017 to September 2020, sold at a discounted rate of 108,660,000 won in total (23,80,780,000 won per annum up to 32,00 won in total (84,780,000 won per annum up to 31,50,000 won in total), and cancelled the registration fee to be paid by the Defendant to the damaged company from around 31, 200 to around 31, 18,00 won in total (18% in total, 4,284,000, 32 through 17.5% in total, and 17.36,50,500 won in total, and 48,000 won in total, and 308,000 won in total, less than 31,000 won in total, and 48,505,000 won in total.

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