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(영문) 광주지방법원 해남지원 2015.03.18 2014고단432
업무상배임
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 1, 1996, the defendant was employed by the victim B (hereinafter referred to as the "victim B") and worked as the class of class 5 director and the head of the purchase team in the kimchi processing factory operated by the victim B in South-Nam-gun, Nam-gun, from April 10, 2009 to October 6, 2010, and has been engaged in duties such as the management of won, absence, general affairs, and tax management.

In purchasing agricultural products corresponding to the raw materials of the above kimchi processing plant, the Defendant: (a) around August 2009, the Defendant: (b) purchased 32,53kgs from D, which is the customer of the victim B, and purchased at the above kimchi processing factory office to purchase 18,893,840gs below the market price, and (c) made the victim B pay 19,393,840 won, which is the amount equivalent to the market price, to the above D; and (d) received 5 million won, equivalent to the difference between the amount paid by the victim B and the actual purchase price, from D on August 23, 2009.

Accordingly, the Defendant acquired property benefits equivalent to KRW 500,00,00, and incurred damages equivalent to the same amount to the victim B from that time to December 27, 2010, from that time, the Defendant added the unit price or the purchase weight of the ship purchased from the trading company in the above kimchi processing plant to December 27, 2010, and made the victim B pay the amount higher than the actual purchase price to the trading company, and received the difference from the trading company, thereby obtaining property benefits equivalent to KRW 76,258,00,00 in total, and suffered damages equivalent to the same amount from the victim B.

Summary of Evidence

1. Defendant's legal statement;

1.F, E, G.

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