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(영문) 서울중앙지방법원 2015.08.20 2015고단2002
업무상배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2014, the Defendant was sentenced to eight months of imprisonment for perjury at the Seoul Central District Court, and the said judgment became final and conclusive on July 25, 2014.

The Defendant is a person who served as the head of D (hereinafter referred to as “D”) who runs the precious metal sales business in Gangnam-gu Seoul Metropolitan Government from November 2010 to December 201.

Since the defendant was the general manager of D's store, in light of the company's internal rules and the duty of care under the good faith principle, the defendant has a duty not to place orders or sell goods in the company's name as a personal necessity.

Nevertheless, in violation of the above duties, E, which was known to the ordinary world, asked E to rescue a high-priced multimond, and requested the F, who is a business partner, to do so, and did not take all measures such as filing a report or recording in D, by requesting the F, a business partner, to do so on September 9, 201, the sum of KRW 25.7 million and KRW 3,5.7 million on October 4, 2011.

Although the defendant alleged that the above transaction was D, there was no profit from D in the structure of purchasing from the Dong and selling it to E, and there was no profit from D on the books, etc.

E was sentenced to the Seoul Central District Court on October 12, 2012 that the said Damond borrowed money and used the said Damond money, and that the said Damond amount could not be paid to the said Damond amount, upon filing a civil lawsuit against the said D, at the Seoul Central District Court.

Accordingly, the Defendant obtained property benefits of KRW 143,700,000 from the above E and suffered damages equivalent to the same amount as the above D.

Summary of Evidence

1. Part of the defendant;

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