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(영문) 대전지방법원 2021.01.28 2020고단3613
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

From August 1, 2012 to August 27, 2018, the Defendant entered into a contract on the consignment sale of clothing with the victim B, which is a company manufacturing and selling clothes, and consigned the clothing supplied by the injured party, from Daejeon, and is engaged in the business of acquiring the degree of 6-7% from the injured party to the commission fee for the sales.

In accordance with the above consignment sale contract, the Defendant sold the above clothes at the recommended price agreed with the victim, and sold them at a discount or premium without the victim’s prior consent, or was unable to sell them on credit, notwithstanding the fact that the Defendant sold them at a discounted price than the recommended price agreed upon by the victim without the victim’s consent for the purpose of acquiring the commission from the injured party with the result of sales performance, and the victim reported only the amount converted into the recommended price, and the amount of discount equivalent to the discounted price was omitted.

From August 1, 2012 to August 27, 2018, the Defendant entrusted a consignment sale of the aggregate in the “D” clothing shop operated by the Defendant on the first floor underground of the Daejeon-gu Daejeon-gu Daejeon-gu building, and violated his/her occupational duty to comply with the terms and conditions of the contract related to prior consent to comply with or discount sale under the consignment sale contract, and applied the price discounted by 28 to the seller of the clothing, including E, such as the Bank of Bankruptcy at a rate of 121,321,392 won (63 items of product code 16F clothing, 17S clothing 139, 17F clothing 28, 18S Articles 3,024, 18F clothing 127) to the total recommended amount of total sales, and did not report to the Defendant’s inventory as if it were in violation of the above duty to comply with the terms and conditions of the contract.

Accordingly, the defendant was supplied by the injured party in violation of his duties.

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