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(영문) 의정부지방법원 고양지원 2012.07.20 2012고합79
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

From around 2009, the Defendant received a large amount of merchandise coupons from the victim's customers, and received merchandise coupons from the victim's customers, the Defendant took charge of the order management of merchandise coupons, such as collecting merchandise coupons from E shopping companies, collecting merchandise coupons from the client and delivering them to the client.

The Defendant performed an order management business of merchandise coupons through normal transactions with the victim and his/her client, and despite the fact that there was a duty not to operate merchandise coupons for personal purposes, it is necessary to make personal investment funds. As such, although there was no fact that the customer received merchandise coupons from the victim's customer, he/she entered the victim's application system for purchase of merchandise coupons as if he/she received mass merchandise coupons from the victim's customer, and purchased merchandise coupons from E shopping in the victim's name, and had the victim purchased merchandise coupons from E shopping in the victim's name, and had the merchandise coupon discountedd to use the merchandise coupon in stock investment.

On February 8, 2011, the Defendant violated his/her duties and received orders equivalent to KRW 200 million of E Products from G, which is a customer of the victim, at the D Home Shopping Office located in Yeongdeungpo-gu Seoul Metropolitan Government, on February 8, 2011, without having received orders from G, the Defendant entered the victim’s application system for purchase of merchandise coupons 200 million won as if he/she received orders from G, and designated a merchandise coupon delivery site as the Defendant’s office, and used the merchandise coupon delivery site at a discounted amount of KRW 200 million of E merchandise coupons from E shopping, the Defendant discountedly sold funds to a borrowed-dong company with a discount of KRW 200 million for equity investment funds, and from that time until December 26, 2011, from E shopping to 16 times in total, as shown in the list of crimes.

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