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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.08.12 2019노736
업무상배임등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds of appeal (1) Defendant A, as a person in charge of the victimized company, was in charge of the victimized company, to secure the necessary volume of the victimized company in advance in preparation for the situation in which the factory operation is not possible to harm the victimized company’s customer due to lack of inventory when the factory operation is temporarily interrupted due to the local circumstances of the victimized company, and to secure the necessary volume of the victimized company in preparation for the occurrence of the situation in which the payment period is not observed to the customer, and was for the benefit of the victimized company. Defendant A’s prior payment of the price of the goods was made for three years from July 2012 to September 2015, it was possible for the victimized company to know the fact that it was almost every three years. The amount actually supplied by Defendant A to the victimized company. In light of the fact that Defendant A’s prior payment of the price of goods does not fall under the “occupational duty” of the victimized company, and it does not constitute an intentional breach of trust, and it does not constitute “the injury,” and does not constitute an intentional breach of trust.

Defendant

B Requests for the advance payment of the goods made to Defendant A by Defendant B is requested to Defendant A, who is a person in charge of the victimized company, to secure the necessary quantity in advance, under the circumstances where at the time the operation of the Chinese local factory from which Defendant B imported the goods was not known at the time, and it is not illegal solicitation as it is for the victimized company.

Defendant

B Money given to Defendant A is not suitable for health due to the liveration, urology, and pain, etc. of Defendant B, and it is given to Defendant A, a person in charge of the Defendant Company, for entertainment expenses for the customer who disbursed for business in the course of ordinary business because it was impossible to contact with Defendant A for the business, and it is also the price for the advance payment of goods and the continuous transaction and maintenance.

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