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(영문) 서울북부지방법원 2016.12.16 2015고단4253
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who, from around 2008 to early 2012, was engaged in the sales of each mobile phone at the “F” cell phone store operated by the victim E on the eightth floor in Yongsan-gu Seoul Metropolitan Government, and thereafter from October 10, 2013, the Defendant was engaged in the sales of each mobile phone at the “F” cell phone store operated by the same victim located in Yongsan-gu Seoul Metropolitan Government G.

In the case of selling a mobile phone at a mobile phone store, the store profit is only a fee that is received from a telecommunications company, so the person engaged in the mobile phone sales business has not been able to refund more than the above fee to the customers.

On the other hand, the defendant, at the mobile phone store located in the above "D", voluntarily disposed of the two parts of the victim's paradide 2 and hphone 2 and received a complaint from the victim, and received a letter from the victim, pretending to reflect the completion of the contract, and agreed to give excessive refunds to the customers at the above store, and accordingly, he planned to cause economic losses by requiring the customers to claim the refund of the above store to be promised by the victim at that time.

Accordingly, on February 14, 2013, the Defendant promised to pay a refund of KRW 1,075,401 while selling a mobile phone against the above H, even though there was no fee paid by the head office to the customer H, in violation of the occupational duty that should not arbitrarily promise the customer to pay a refund exceeding the amount of the communications agency fee at the “F store” store located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.

In such a way, the Defendant inflicted damages on KRW 1,075,401 on the victim and acquired profits equivalent to the same amount from the above H. From around that time to October 4, 2013, the Defendant paid refunds of KRW 19,326,660 in total to 56 customers, such as the list of crimes in the attached list of crimes.

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