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(영문) 서울북부지방법원 2013.08.21 2012고단2226
업무상배임
Text

The defendant shall be innocent.

Reasons

1. From May 25, 2009 to December 29, 2011, the Defendant served as the head of the business division in (ju) E operated by the victim D on the second floor of the building C in Jung-gu Seoul Metropolitan Government, and supplied, for the said company, printed materials produced by receiving orders from each trading company under the name of the said company, printing, and delivery, and deposited the price of the goods into the (ju) E account.

On July 28, 2009, the Defendant received an order from professors of F University LL University G G of HU to deliver 2,000 copies at the above office, and issued a regular order to place an order to the company and deposit the price of delivered goods into the company account. Although the Defendant, in violation of his duties, produced and supplied printed materials through a printing company with personal knowledge, and received KRW 9,530,400 for supply price from the Defendant’s “H” account under the name of H” as stated in the attached crime list until December 28, 2011, and received an order to produce printed materials from companies such as “I restaurant,” etc. 406 times in total as indicated in the attached crime list, and produced and supplied printed materials through the above printing office, and received delivery of KRW 383,682,346 for supply price under the above H’s name as the price of delivered goods.

Accordingly, the defendant adopted financial benefits of KRW 383,682,346 and suffered property damage equivalent to the same amount as the victim.

2. According to the records, the following facts can be acknowledged.

(1) The production of printed materials can be divided into a work to create a printing board (hereinafter referred to as “printing work”) and a work to print paper using the printing board (hereinafter referred to as “printing work”). The (ju) printing work is directly conducted, but most of the printing work was requested to another printing business operator.

(2) However, the (State)E does not have good credit between the publishing company and the printing company during the period specified in the facts charged, and as the customer of the (State) E does not have good credit.

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