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(영문) 서울남부지방법원 2014.05.28 2014고단55
업무상배임
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 201, the Defendant recommended the victim C to make an investment in the expenses incurred in purchasing raw materials in selling any goods made of raw materials, such as raw materials supplied by the raw materials company from the Indones clothes manufacturing company, in selling them to the European clothing manufacturing company at the mutual dynasium located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. As to the method of investment, the Defendant made an investment in an amount equivalent to the cost of raw materials through the letter of credit opened by the victim against the clothing raw materials company, and explained that the European clothinging company collects the profits from the said investment and investment through the letter of credit opened by the European clothing manufacturing company against the victim.

The injured party entered into a credit transaction agreement with the front branch of the National Bank, and delegated the duty of issuing a credit in accordance with the credit transaction agreement in the name of "D" operated by the injured party on condition that the injured party pays 30% of the profits from the investment. However, only after the European Clothing confirmed the issuance of the credit against the above "D," the injured party limited the conditions by issuing the credit against the above "D" raw materials company.

The Defendant was delegated with the issuance of a letter of credit from the victim with the above contents, and the issuance of a letter of credit would result in the victim’s obligation to the front branch of a national bank. As such, the Defendant confirmed that a letter of credit was issued by the European clothing company for the stable recovery of investment funds, and the victim had a duty to establish a letter of credit from the victim to pay investment funds to the clothing raw materials company.

In addition, the payment method for the price of goods to be received by the Indonesia Manufacturing Enterprise from the European Clothing Enterprise is not the credit transaction method that the European Clothing Enterprise opened against the above "D".

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