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(영문) 수원지방법원 안산지원 2017.05.26 2016고단4323
업무상배임
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who acts as the head of a branch office of the Victim’s Korean Automobile Union E-Franchis Association D (hereinafter “branch”) from April 1, 2015.

A. On April 3, 2015, the Defendant paid 1,200,000 won to the “F” located in Ansan-si, Ansan-si, and 1,20,000 won to the “F”-gu, Ansan-si, and then requested the accounting staff to submit a receipt and to treat them as educational business costs.

As such, the Defendant, as the head of a branch, should use the educational project cost as “expenses incurred in attending higher organization seminars and in conducting educational projects,” despite the fact that there were occupational duties, in violation of his/her duties, he/she paid the expenses of a private teaching institute to improve the Defendant’s erode ability, thereby obtaining pecuniary benefits equivalent to KRW 1.2 million, and suffered damage equivalent to the same amount at the above branch.

B. On May 14, 2015, the Defendant: (a) paid KRW 484,00 to the replacement cost that I, who was a member of the said branch in Ansan-si “H” located in Ansan-si Group G on November 10, 2014, was dismissed as of November 10, 2014; and (b) around that time, the Defendant submitted a receipt to the accounting officer at the above branch office to request him/her to dispose of the costs of selling services; and (c) received money.

As a result, the defendant, as the head of a branch, has a duty to spend only the matters related to the promotion of the business in the case of the job placement fee as a head of the branch, despite the fact that there was a duty to do so, he disbursed it as the expense for the personal business support of the I who is a non-member with a usual friendship in violation of his duty, and let the person obtain property benefits equivalent to the amount of 484,000 won.

(c)

The defendant of the New World Gift Certificates was purchased at Ansan-si on January 5, 2016 by the member of the above branch, who was dismissed on November 10, 2014, at the new world 100,000 won.

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