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(영문) 창원지방법원 2018.10.11 2018고단2146
배임수재
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From December 1, 2016 to December 31, 2017, the Defendant served as the vice head and head of the corporation, which is the Busan Southern-gu B building, the Internet fireworks Delivery Company, and the head of the division. While managing the Internet site of the above company’s fireworks delivery order, the Defendant distributed the customer’s orders coming into the text telephone number to the chemical company supplying the fireworks, and was engaged in the duties such as managing the price deposited by the customers and settling the price for the chemical company.

In carrying out the above duties, the defendant is obligated to distribute the order quantity to the franchisor of the franchise fairly, and to select a collaborative supplier who supplies the franchise to the franchisor of the franchise, and to fairly select and manage the supplier by taking into account the unit price, the quality of composition, etc.

1. On February 10, 2017, the Defendant received honorariums from the franchisor from the franchisor’s private person “D” at the above C office, in lieu of receiving honorariums equivalent to KRW 1,000 to KRW 3,000 per order from the franchisor’s private person, the Defendant received unjust solicitation from the Defendant, who was affiliated with the said C office, to distribute more amount of orders. The said “D” after having access to the Internet exclusive account for settlement of the foregoing “D” and had access to the ID and passwords of “D” and had access to the Internet exclusive account for settlement, and then transferred KRW 51,642 under the terms of the agreement, from that time to December 31, 2017, the Defendant received KRW 51,642 from the Defendant under the name of “D,” the sum of KRW 14,149,94,00 in the same way as the attached Table 1 of crime sights from that to December 31, 2017.

2. On July 31, 2017, the Defendant receiving honorariums from the G Joint Wholesale Center received unlawful solicitation from the G Joint Wholesale Center to the effect that, in addition to the fees that the G Joint Wholesale Center pays to C, the Defendant would pay 200 won honorariums to the G Joint Wholesale Center every time it delivers it to the chinesian master, whenever it delivers it to the Defendant, in addition to the fees that it pays to C.

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