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(영문) 대전지방법원 천안지원 2015.02.13 2014고단1793
업무상배임등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who works as the head of the livestock team at the victim Emb in Asia-si from January 1, 2010 to August 4, 2014 and has been engaged in the duties of livestock products, such as the management of livestock copers, the ordering and display of goods, etc.

1. The defendant in occupational breach of trust has a duty to purchase goods at a reasonable price when ordering from a trader in a store of the victim.

From February 7, 2012, the Defendant purchased goods at a price higher than 500 won per kilogramg per trading company in violation of the above occupational duties, and then returned KRW 1,050,000,000, which is the appropriate price, to the new cooperative account (I) in the name of H by the Defendant’s mother, thereby obtaining the above difference of KRW 1,050,000, and causing damages equivalent to the same amount to the victims, as shown in the attached list of crimes (1) from around that time to July 14, 2014.

2. Occupational embezzlement;

A. From May 2, 2012, the Defendant embezzled the sum of KRW 3,900,000 over five times in total by the following methods: (a) from around that time to January 30, 2014, the Defendant spent KRW 600,000 for personal purposes, such as living expenses, etc. while selling and collecting a closed bank owned by the victim from a closed bank processing company; and (b) from that time, he/she embezzled the sum of KRW 3,90,000,00 in total by the following methods:

B. On February 17, 2012, the Defendant: (a) received KRW 200,000 from the J, a trader, as a food expenses; (b) consumed the Defendant for personal purposes, such as living expenses, during the course of performing duties for the victim; and (c) from around that time to June 25, 2014, the sales promotion staff from the trader as indicated in the attached Table No. 3.

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