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(영문) 인천지방법원 부천지원 2016.08.12 2015고단412
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From January 1, 2006 to April 1, 2014, the Defendant served as the position of the head of the business team in the victim E, Inc. located in the wife population D from January 1, 2014, and was engaged in affairs such as selling originals, receiving money, and issuing tax invoices under the name of the company.

In addition, the Defendant operated the original distribution company called “F” from January 2006 to July 201, and from July 201, the original distribution company operated the original distribution company called “G” with the trade name changed up to July 201.

The Defendant, while working as the head of the business team of the victim company, in selling originals to the above F, voluntarily exempted the Defendant from value added tax and sold them. The Defendant issued a tax invoice in the name of the victim company in the name of the victim company, as if the victim company sold the goods and the value added tax together to retail on its own, to retail sales by the victim company, and had the victim company bear value added tax, thereby getting the victim company exempted from value added tax, and F took profits equivalent to the value added tax. In selling originals to the above G, the Defendant tried to acquire profits equivalent to the difference with the fixed commercial building by selling the originals at will, without reflecting the changed supply price at the time, by selling the originals at the lowest street, without reflecting the changed supply price at the time in the sale of the originals in the above G, and in relation to the amendment of the indictment, the Prosecutor stated “the operation of books as if the Defendant sold the originals, even though the Defendant sold the original meat,” but the above manipulation in breach of trust was not clear to have caused damage to the victim company.

1. On January 30, 2007, the Defendant sold the original meat to the “I” located in Yangju-si via the “F” from the victim company by the above method, and sold the original meat in the name of the victim company, and the sum of the price and the surcharge in the name of the victim company 7,810.

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