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(영문) 울산지방법원 2020.11.12 2020고단575
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant has been working as an exaggerated agent in the management department of the victim C Co., Ltd. located in Ulsan-si, Ulsan-si from September 2013 to November 2018 and has been engaged in the purchase of goods and the payment of wages.

1. Although the Defendant, in breach of occupational duty, has a duty to use funds of the victim company only for purchasing goods necessary for the operation of the victim company, the Defendant, in violation of the above occupational duty, requested the victim company to supply goods to be used for personal purposes to the customer of the victim company in violation of the above occupational duty, and had the victim company receive approval by drafting documents as if he purchased other goods necessary for the operation of the victim company.

On March 8, 2017, the Defendant issued an order of KRW 580,00,00 of the market price of KRW 580,00 on the part of the victim company’s expendable goods and D, which is the transaction partner of the tools, and used it individually, and ordered the victim company to pay the price of supplied goods with the funds. From that time until September 18, 2018, the Defendant acquired economic benefits equivalent to the total amount of KRW 4,893,890 over 13 times as shown in the annexed crime list (1) and sustained losses equivalent to the same amount of the above victim company.

2. Occupational embezzlement;

A. The Defendant, upon obtaining approval from some employees in the staff ledger of the victim company and the statement of the transfer of benefits, submitted to the bank a written request for the transfer of benefits which requires the Defendant to transfer the unfined parts to the Defendant’s account.

On September 2014, the Defendant, at the above office of the management department of the victim company, prepared and approved the ledger of benefits and the statement of payment transfer of benefits of E, F, G, H, and I, each of which is an employee of the victim company, with KRW 400,000,000, respectively, compared to normal wages, and required the J bank to pay KRW 2,00,000 as above to the Defendant’s wage account.

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