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(영문) 수원지방법원 안산지원 2019.01.24 2018고단2079
업무상배임등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ co-principals Defendant A, from March 2009 to October 2015, worked as the head of the sales division in the Victim E Co., Ltd., the manufacturers of chemical products located in building C in Seongbuk-gu, Sungnam-si, Sungnam-si, and engaged in the purchase, sale, etc. of salt rates. Defendant B, as the representative of G in the E in the ethic City F, supplied MF products to the above victim company.

Defendant

A From June 2012, when he was supplied with the MF pro rata by Defendant B from around June 2012 to the other transaction parties, Defendant B supplied the MF pro rata to the other transaction parties, and there is a lack of import payment to be paid in China. In response to the solicitation that, first of all, the payment of the price of the goods to G is made in China, and then the payment of the price of the goods is made in advance from China using the price of the goods to purchase the goods from China, and consented to the solicitation, and then Defendant B offered to pay the price of the goods exceeding the actual supply quantity by settling the amount under the MF if he was supplied with the more quantity than the actual supply quantity to the victim company.

Defendant

A is engaged in the business of purchasing and selling salt rates at a victim company. Therefore, even though there are occupational duties to be executed by Defendant B after closely examining whether the contract is performed by way of accurately verifying the relevant goods and the quantity, etc., if the goods are supplied by Defendant B, the fact of violation of such duties is to be paid KRW 55,440,00 for the price of KRW 1,50,849,000 by the end of November 15, 2012, even though G knew that it was supplied to the victim company with 24 tons on October 31, 2012, even though G issued a tax invoice as if it was supplied with 48 tons at around November 15, 2012, even though it was aware that it had issued the tax invoice, it was paid KRW 55,440,00 by the end of 2014.

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