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(영문) 의정부지방법원 고양지원 2014.10.16 2014고단327
업무상배임등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

The Defendant is an employee of “C” from around August 23, 2010 to November 24, 2012, and according to a service agreement between “C” and “C” electronic company, the Defendant is a person in charge of the business of selling, collecting, etc. of the victim’s electronic equipment from March 23, 201 to October 3, 2012 under D’s Seoul Business Division Division Division of “D” from March 201 to October 3, 2012.

1. According to the bylaws of the victim of occupational breach of trust, the sales of electronic equipment at a discounted price below the lower limit of sale should not be conducted, and if the sales at a discounted price below the lower limit of sale should, in principle, be reported to the head office through the branch office and the branch office and obtain electronic approval by explaining the circumstances, and at least should be reported to the branch office and obtain approval;

The selling price shall not be registered falsely.

Nevertheless, in order to receive a large amount of sales allowances, the Defendant breached his/her duty to observe internal rules, and sells 2,00,000,000 won unfairly at the victim’s television (47LW570, 5700) in trading with E on March 23, 201, the Defendant sold 2,00,000 won at the lower limit of sale (2,790,000 won). In registering the television sales in the victim’s computer system, the Defendant reported 2,380,000 won to the “sale price” for “ 2,380,000,000 won” in registering the television sales to the victim’s computer system, and would obtain an ordinary approval if requested;

The term "amount of gold" was respectively entered into 2,000,000 won, and the difference was registered as 380,000 won as if it was an amount of credit.

In addition, the Defendant violated his duties from around that time to September 23, 2012, and sold the victim’s electronic equipment at an unjust discount by the same method over 706 times, such as the attached Table 1 (Occupational Breach of Trust). The Defendant sold the victim’s electronic equipment at a discounted rate of 706 times in total to F, the lower limit of sales amounting to KRW 386,449,000, in fact.

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