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(영문) 대구지방법원 영덕지원 2017.10.25 2017고단161
업무상배임
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A from March 1, 2014 to March 2014, as the executive director of the victim E forestry cooperative (hereinafter “victim E”) of the victim E forestry cooperative (hereinafter “victim E”), a person who has overall control over the affairs of litigation and asset management, etc., and the suspect B from July 1, 2016 to the victim cooperative leader of the victim cooperative’s guidance division was in charge of the affairs of transfer, etc.

The injured party association shall not, as a matter of principle, sell celebs in accordance with the "Plan for the Business of Collecting and Supplying Bridges in 2016". However, if the injured party association intends to sell part of the quantity on credit during the period of shipment on credit, it may sell credit to the enterprises which have deposited celebs deposit money within the limit of the celebs deposit, and the Defendants accordingly have the duty to sell celebs deposit.

Nevertheless, on October 1, 2016, the Defendants violated their duties and demanded the credit sales of the amount equivalent to KRW 74,125,455 [G] who is the bidder of “G” who has been awarded a contract for an amount of KRW 74,125,455 [G] at the office of the victim’s association located in Yong-gu, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, via the procedure of the trial of Song F., the Defendant: (a) demanded the credit sales of the amount of KRW 74,125,45 [G]; (b) despite that “G” did not deposit the settlement deposit, the Defendants sold the credit to H to obtain pecuniary benefits equivalent to KRW 1,479,50 [G]’s [1,479.5k market price] 74,125,455-g market price]; and (c) suffered economic damage equivalent to the same amount from the victim

Summary of Evidence

The Defendants’ respective legal statements J, K, each police suspect interrogation protocol L, each prosecutor’s statement protocol on H (related to the amounts receivable), the complaint, the warden, the supply of Song sbers, the payment of transfer payment, respectively, the notification of the plan for collection and supply of Song Y in 2016, the credit supply guidelines, the credit supply guidelines, the prior notification of the desired amount of delivery to the five fluences, the investigation report on the receipt of the fluences (Attachment of the meeting minutes), the investigation report (Attachment of the list of G and the previous transactions), the investigation report (Submission of suspect B additional materials), and each of them.

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