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(영문) 서울서부지방법원 2017.09.20 2017고단1837
업무상배임
Text

Defendant

A Imprisonment with prison labor for ten months and for six months, respectively.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Punishment of the crime

1. Defendant A, from September 2003 to December 201, 2016, was the head of the Victim F Co., Ltd. in Yongsan-gu Seoul Metropolitan Government to take charge of the business of ordering, purchasing, planning, etc. the victim company’s promotional products. As such, when ordering and buying products, Defendant A had a duty to order and purchase products at an appropriate purchase price by sufficiently examining the specific functions, unit price, and incidental expenses of the products.

Nevertheless, the defendant ordered goods to the customer of the victim company, and submitted the purchase price to the victim company to pay the purchase price to the customer company, and the victim company did not receive the difference between the normal price and the normal price.

around November 28, 2014, the Defendant purchased 8,000 won from G, which is the business partner of the victim company, from G, which is the business partner of the victim company, and set the purchase price at 13,200,000 won in excess of the above duties, and the victim company paid the purchase price at 22,025,850 won. If the above G, which is the difference, transfers KRW 7,00,000 out of KRW 8,825,850, which is the difference, to G, the Defendant received KRW 7,00,00,000 from B to May 30, 2016, it received KRW 80,00 in total from the victim company's business partner G, 517 design group, HH, and H goods from 13,200 won, and paid the difference to the victim company 986,986,9820 won in total and KRW 984,98686,986.

Accordingly, the defendant has acquired, or had a third party obtain, property benefits equivalent to 86,929,480 won in violation of his/her occupational duties, and the same amount shall apply to the victim company.

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