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(영문) 광주지방법원 2016.06.16 2014고단4094
업무상배임
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. From March 2008 to December 2, 2012, the Defendant entered into a contract on consignment sales and store management with the victim company and the company engaged in the consignment sales and store management of female clothing while serving as the store manager in the “F” operated by the victim E-stock company at the D department store located in Gwangju metropolitan from March 2008 to December 201.

The defendant was obligated to protect and manage the pecuniary interests of the victim company by complying with discount sales rates designated by the victim company, since he sold goods entrusted by the victim company as above and received fees equivalent to the sales amount.

Nevertheless, on January 2, 2011, the Defendant sold 2 clothes equivalent to KRW 1,528,00 in total to 1,528,000 to customers G in violation of the above duties, and sold 47,420 won at a discount of KRW 1,277,780 and KRW 50,000 at a discount of brand discount (10%) under the victim company’s discount rate of KRW 152,80,00 in accordance with the victim company’s discount rate of KRW 50,00 and KRW 47,420 without any ground, thereby having the said customer gain pecuniary advantage equivalent to KRW 47,420, and the victim company suffered pecuniary loss equivalent to the same amount.

The Defendant, including that, from the above day to December 16, 2012, violated occupational duties 69 times in total, as indicated in the list of crimes, and sold at a discounted rate of KRW 51,238,479 in total without any grounds other than discount pursuant to the provision of discount by the victim company, thereby allowing customers to obtain pecuniary benefits equivalent to the same amount and causing property damage to the victim company.

2. In full view of the following circumstances acknowledged by the record of judgment, the evidence submitted by the prosecutor is alone.

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