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(영문) 수원지방법원 평택지원 2020.02.20 2019고단976
업무상배임
Text

Defendant shall be punished by imprisonment for a term of one year and six 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

[B] The Defendant is a person who, from July 16, 2018 to January 1, 2019, has been in charge of the business of “C” of the victim’s “C” that manufactures and sells building materials such as a panel in Pyeongtaek-si, and has secured the customer, supplied the building materials produced by the victim company to the customer by setting a reasonable unit price, and has been in charge of all the business of collecting and selling them. On the other hand, from March 14, 2018, the Defendant is a person who operated the prefabricated-type construction materials of “E” from around 14, 2018 to around 3, 2018.

As the head of the business of the victim company, the defendant reported the orders for supply received by him to the victim company normally, supplied the panel produced by him to the customer company, and had a duty to prevent the loss of the company by paying the purchase price to the victim company normally.

Upon receipt of a material delivery order from a customer, the Defendant: (a) put the “E” operated by himself between the victim company and the said customer; and (b) sold a panel, etc. at a low price, at a low price, to the victim company; and (c) sold the panel transferred from the victim company to the said customer at a higher price; and (d) decided to acquire pecuniary benefits by preferentially receiving goods payment from the said customer through its own name or the “E” corporate account.

【Criminal Facts】

On August 2018, the Defendant completed a building on the condition that the Defendant supplied the panel first from the “limited company H” located in Seongdong-gu Seoul Metropolitan City G through his pro-friendly F, and the Defendant received a “construction loan” and received a completion approval, and subsequently paid the price on the condition that the Defendant would receive a loan from the relevant building and its site from the financial institution as collateral and pay the price. In the middle, the Defendant paid the loan on the basis of the terms of the generalized term and the term of the loan.

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