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(영문) 인천지방법원 2018.05.04 2018고정892
업무상배임
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

The Defendant is a person in charge of auction and shipment of fishery products, settlement of sales proceeds, inventory management, etc. from March 18, 2013 to May 19, 2015 by the head of the sales division of B fisheries cooperatives.

According to the bylaws of the Suhyup Federation, where the World Trade Association sells fishery products on credit, it shall be issued a security or a surety insurance policy by each customer or middle party and shall accurately enter the details of the credit transaction in the computer system operated by the Suhyup Federation.

However, on December 31, 2013, the Defendant: (a) filed a false statement of the amount equivalent to KRW 40 million as if the actual transaction had occurred with E even though it had not occurred due to the credit transaction conducted in excess of the basic limit, at the office of the Section B sales of the YY-gun, Incheon Spo-gun; and (b) filed a false statement of the amount equivalent to KRW 40 million with E, as if the actual transaction had been conducted with E, even though the credit transaction was conducted in excess of the basic limit; (c) as if the sales amount exceeding the basic limit was paid with D and G, the Defendant falsely entered the false statement as if the sales amount exceeding the basic limit was paid to each of the above parties, and thereby, (d) obtained property profits equivalent to KRW 40 million from each of the above parties, and (e) sustained property damages equivalent to that amount.

Accordingly, the defendant acquired property benefits from D et al. and suffered loss equivalent to the same amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. (A), (A), (A), and (A) of a notice of decision to compensate as a result of the audit;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (2) of the Criminal Act, the selection of fines for the crime;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (in the event of accounting manipulation, full reimbursement of the outstanding amount receivable at risk of loss of the victim’s compromise was made as a result of the implementation of the compensation disposition, and the property and status liability of the victim was completed around 2016, and current officers and employees of the victim.

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