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(영문) 서울중앙지방법원 2017.09.12 2016고정3166
업무상배임
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who served as the representative director of theC from January 2009 to December 2010.

(A)C is a corporation established for the purpose of leasing, arranging sales, etc., and enters a D shop, and engages in the business of managing, maintaining, and maintaining facilities in D stores, and calculate and settle the expenses incurred in performing the above business, and impose and enforce the management expenses for each shop.

Since the defendant is the representative director of C, when imposing D's management expenses, he is subject to imposition by dividing them into items of electricity charges, water rates, gas rates, public electricity, and general management expenses, and the electricity rates are subject to imposition by multiplying the volume of electricity used by each store by the unit price per month, and is subject to imposition by fair imposition based on this.

Nevertheless, the Defendant, at around November 2010, violated the above occupational duties and allocated the electricity charges for the shopping districts for each store in violation of the above occupational duties, did not fairly calculate the amount by multiplying the amount of the electricity usage by the cost per unit. However, the Defendant did not distribute the electricity charges for the seven-story stores, external stores, parking lots, etc. managed and operated by the Defendant under 2,232,595 won, thereby obtaining pecuniary benefits equivalent to the above electricity charges, and distributed the amount equivalent to the above amount to the public electricity charges for the shopping districts, etc., thereby incurring property damage equivalent to the above amount to the occupants of the stores, including the victim F, by excessively distributing it to the public electricity charges for the shopping districts.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Legal statement of witness F;

1. The second police statement protocol with respect to F;

1. A criminal investigation report (related to confirmation of accounting data in C);

1. A statement on the facts of the accusation, the details of the imposition of the electricity charges on the D shop in November 2010, the claim for the electricity charges on November 2010, the specifications of the electric consumption by each floor of D shop in 2010, the details of the imposition of the electricity charges on the shop, the copy of the donation, such as C (State) and the data of accounting.

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