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(영문) 수원지방법원 2016.01.21 2015고단5313
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From September 2, 2012 to August 31, 2015, the Defendant served as a research warden in the Victim D Co., Ltd., Ltd., the victim of the case, from Sep. 31, 2015.

When determining the unit price for product transactions, the defendant has a duty to determine an appropriate amount so that no damage to the victim company is caused.

Nevertheless, on October 2014, the Defendant sent to F Company E employee F, a customer, a fee each for each E Company E Company’s goods supplied to D. Unless otherwise, the Defendant wishes to benefit from the supply of the goods to other companies by dualizing the supply of the goods.

“.....”

Since then, upon receipt of a request for an estimate from the above E company from the above day to June 2015, the Defendant offered an estimate by adding one fee per product to the original unit price of the product, and had the victim company approve the price to E company, and received a remittance of KRW 30,618,586 in total from the E company to the new bank account in the name of the Defendant for eight times in total.

Accordingly, the Defendant violated the occupational duty to set reasonable unit price for product transactions, thereby acquiring financial benefits equivalent to KRW 30,618,586 of the above fee and causing damage to the victim company equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Details of delivery quantity of the E company;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Articles 356 and 355 (2) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] The mitigated area (10 million won or less) [1 month-10 months-10 months] [the person specially mitigated] majorly damaged [the sentence] decision] the total amount of 30,618,586 won, which was profits earned from the instant crime, was deposited for the victim company, the fact that it is recognized as committing the crime and against the law.

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