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(영문) 대전지방법원 홍성지원 2016.09.21 2016고단372
업무상배임
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 16, 2001, the Defendant has been working as a manager at the branch office of Boan-si D Co., Ltd. as the damaged person in Boan-si., Ltd., and has been working as a manager in charge of overall management of the above branch office such as financial management.

In such a case, the defendant has a duty to properly manage the funds of the victim by accurately calculating and paying personnel expenses incurred at the above point.

Nevertheless, the Defendant, in violation of his/her duties, left the Republic of Korea for the fishery training from May 29, 201 to December 24, 2011, and had not worked for the victim company during that period, was willing to pay the funds of the victim company to E for the purpose of monthly salary, and paid KRW 3,374,350 to E with the funds of the victim company around August 20, 2010, from that time until January 18, 2012, from that time, the Defendant paid KRW 46,41,410 in total over 18 times in total, as shown in the list of crimes in attached Table, to the above E.

As a result, the Defendant acquired the above E property benefits equivalent to 46,441,410 won in total, and inflicted damages on the victim company equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Each police statement protocol with respect to G and E;

1. To apply the list of D Staff members, details of benefits payment, investigation report (13,21 on a net basis), benefits details, immigration details, and applicable statutes on the current status of staff members;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355(2) of the Criminal Act concerning the selection of punishment, the selection of fines (influence of errors, the primary crime, the first crime, the agreement with the victim company, and other various factors of sentencing, including the defendant's age, sex, environment, and circumstances before and after the instant crime);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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