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(영문) 수원지방법원 2020.02.05 2019고단5577
업무상배임
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the victim dispute resolution council in Seoul Special Metropolitan City, which is the victim's products distributor in Gwanak-gu, and is the person who has been supplied with light products from D from April 20, 199 to November 30, 2017 and sold them to the agency.

1. F and the joint occupational breach of trust are not only a regular employee of the victim(C) but only an employee who assists in the management or sales of the company's store in the event of a large number of company operations as the defendant's wife.

Nevertheless, the Defendant pretended that the wife F is a full-time employee of the victimized company, and violated the duties of the representative director, and transferred KRW 3,159,480 to the new bank account in the name of F as the monthly salary around March 5, 2010, as shown in the attached Table of Crimes (1), from that time until December 2015, the Defendant remitted the sum of KRW 263,262,980 to 71 times in the same manner from that time to December 5, 2015, thereby obtaining pecuniary gains from the F, and suffered pecuniary losses from the victimized company.

2. G and joint occupational breach of trust were not victims (ju)-C’s regular employees, but only those who are in a relationship with the Defendant.

Nevertheless, the Defendant pretended that G was a regular employee of the victimized company, and violated the duties of the representative director on March 5, 2013, and transferred KRW 3,034,560 to the new bank account in the name of G as a monthly salary around March 5, 2013, and transferred KRW 3,034,560 in the name of G to the new bank account in the name of G from September 2016, from that time to September 2016, and transferred KRW 152,429,111 in the same way from September 5, 2016, thereby obtaining property benefits to G and suffered property damage equivalent to the same amount to the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect against the accused, H, and F by the prosecution;

1. A protocol of suspect examination of G police officers;

1.Each.

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