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(영문) 대구지방법원 2019.06.21 2019고단1614
업무상배임등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Around January 2018, the Defendant, while serving as a staff member of the Victim Victim B, established D, which is a type of business such as the Defendant’s wife C, with the same type of business as the victimized company.

around 09:00 on March 2018, the Defendant stolen the property owned by the victimized company by taking over the victimized company as its representative director in the warehouse “B,” around January 2018, the Defendant: (a) by taking advantage of the gap in which F, a manager, was unaware of the current status of the possessed company; and (b) by taking advantage of the difference in the market price of KRW 10,000,000 in the warehouse; and (c) by taking advantage of the difference in the market price of KRW 10,000,000 in the market price of KRW 11,00,000,000 in the aggregate of KRW 35,00,000,000 in the market price of KRW 14,000 (I).

2. The Defendant, as if the customer of the victimized company purchases the vehicle normally, was able to purchase the vehicle at a low price from the victimized company by falsity.

On December 2, 2017, the Defendant concluded that “The Defendant, at the end of the office B located in the Gyeongbuk-gun E, the representative director, “I would like to purchase the vehicle that had previously been leased to K which is the present business partner, because the rate of breakdown is high, so I would like to purchase it from the said business partner.” If we would not sell it, I would like to dispose of the vehicle that frequently causes trouble because we would not know about the purchase of another vehicle.”

However, in fact, K did not intend to purchase the leased vehicle, and the defendant purchased the vehicle from the damaged company to transfer to the lower price and concluded a lease contract with K in the name of the defendant's operation.

In the end, the defendant deceiving F as such, and acquired 3.5 million won from the victimized company to acquire 7.5 million won a car of the market price (L) from the victimized company.

B. The Defendant, on January 2018, to the Gyeongbuk-gun, North Korean Senior Policemen.

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