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(영문) 창원지방법원 진주지원 2018.02.27 2017고단759
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

On February 28, 2013, the Defendant entered into a sales service agreement with the victimized company (State), and worked as an intermediate manager who sells the clothing supplied by the said company on the D 3rd floor located in Jinju-si, from April 2016, and was engaged in the sales of goods, customer, and store management.

Accordingly, the defendant had a duty to designate and supply the arm's length price product and discount exercise price product in the damaged company according to its price and to register it accurately.

Nevertheless, on December 7, 2015, the Defendant violated one’s duty, sold 221,00 won at will at a discount of KRW 221,00,00 for clothing (ww151014-97b-40) that constitutes a normal price of KRW 735,00 to customers without name.

As a result, the Defendant acquired the above customers property benefits equivalent to KRW 221,00 and inflicted damages on the damaged company equivalent to the same amount, and acquired the financial benefits of KRW 32,528,500 in total to the customers over 178 times, such as the written list of crimes, and suffered damages equivalent to the same amount from the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Complaints, sales service contracts, reports on the occurrence of DNA LOSS, and written complaints;

1. Current inventory of differences in the verification visit and purchase transaction contract under special agreement;

1. Details of certificates of custody of D cash, certificates of confirmation, and certificates of custody of cash;

1. Application of Acts and subordinate statutes on sales details of discount;

1. Articles 356 and 355 (2) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution (the amount of profit is less than 100 million won, the amount of punishment is not more than 100 million won, the confession of crimes and reflect

1. The community service order under Article 62-2 of the Criminal Act;

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