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(영문) 전주지방법원 2015.12.17 2015고단1386
업무상배임
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

[criminal power] On April 12, 2013, the Defendant was sentenced to 10 months of imprisonment for breach of trust by the Jeonju District Court on April 12, 2013, and was released on October 28 of the same year and the parole period expired on December 9 of the same year.

【Criminal Facts】

From November 1, 2013, the Defendant is a person who has been engaged in the overall control of the manufacture of motor vehicle parts by serving as the head of the gold division of (E) E, the victim of the former North Korea's Republic of Korea's Republic of Korea's Republic of Korea.

From April 2014, the defendant and the victim company entered into a gold production and supply contract which the victim company received through the business division and agreed to receive the remainder after deducting expenses such as material costs and personnel expenses from the price of supply when the defendant received the payment from the outside company, in addition to receiving the payment, the defendant and the victim company entered into a gold production and supply contract under the name of the victim company and agreed to receive the payment from the outside company.

Nevertheless, around January 5, 2015, the Defendant violated the above duties and entered into a gold-type supply contract to produce and supply gold-type 8 sets in the name of the Defendant with the introduction of (main metal) gold-type 32 million won in the name of the Defendant, after receiving the payment of down payment and intermediate payment, and received KRW 10 million from the main metal of January 2015 and KRW 5 million from February 16, 2015, respectively.

Accordingly, the defendant acquired property benefits equivalent to KRW 15 million in the supply price, down payment and intermediate payment, and suffered damages equivalent to the same amount with the victim company.

Summary of Evidence

1. Legal statement of witness G;

1. Examination protocol of the accused by the prosecution (including part and G substitute part);

1. Previous records of judgment: Application of criminal records and other inquiry reports and investigation reports (report on confirmation of repeated crimes) statutes;

1. Articles 356 and 355 (2) of the Criminal Act applicable to the crimes;

1. As to the defendant's assertion of Article 35 of the Criminal Act among repeated crimes.

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