logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.04.12 2015고단2242
업무상배임
Text

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

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

Reasons

Punishment of the crime

The Defendant, from June 5, 2009 to January 10, 201, worked as the head of the grain food materials team of the company E, a person who suffered damage in Cheongju-si from around January 5, 201, and was engaged in the business of purchasing rice, etc. from a local agricultural cooperative and selling rice again through wholesale and retail.

According to the internal rules of the victim, if the credit transaction exceeds 200 million won, the approval of the representative director shall be obtained.

Nevertheless, even though the amount of credit transaction with G L, operated by F, in April 2010, exceeds KRW 200 million, the Defendant violated the occupational duties to comply with the above bylaws in the above E from around that time to December 13, 2010, and did not receive any security from F without obtaining approval from the representative director, and received a total of KRW 498,111,00 from the rice association corporation for petition life on credit, and supplied rice to the above G, thereby making it difficult to recover the amount of credit.

As a result, the Defendant acquired the F pecuniary advantage equivalent to KRW 498,11,000, and suffered damages equivalent to the same amount of the above E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by each prosecutor to the H;

1. Each police statement made to I and J;

1. A copy of each balance of accounts receivable purchase (Evidence No. 17-19 page), a copy of an agreement on credit transactions of agricultural products (Evidence No. 20 pages), a copy of an organizational rule, a copy of a certificate of confirmation of the attempted amount of grain payments (Evidence No. 25 pages), a copy of a debt certificate (Evidence No. 28 pages), a copy of a confirmation document (Evidence No. 83 pages), a copy of a detailed statement of transactions of grain unfair, (Evidence No. 85 pages), a copy of a detailed statement of transactions of grain (Evidence No. 217 pages);

1. A copy of each written inquiry of J, K, or L;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Standard Table);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].

arrow