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(영문) 대전지방법원 2019.11.28 2017고단4610
업무상배임등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant worked as Vice Governor of the Food Materials Business Department of the Victim C Co., Ltd. on the fourth floor from January 1, 2015 to January 24, 2017, the Defendant supplied food materials, such as grain, to the customer, while working as Vice Governor of the Food Materials Business Department of Daejeon P2 building. The Defendant is the victim C Co., Ltd. as a business of distributing food materials.

On January 2015, the Defendant applied for the individual rehabilitation and applied for the individual rehabilitation in order to adjust the amount of cost of KRW 120 million, and subsequently required money due to the repayment of personal rehabilitation and living expenses, etc., the Defendant sold grain at a discounted price that cannot be directly paid grain to the virtual account of the victim company because it was not registered as the transaction partner of the victim company, entered it into the computerized entry as if it had been sold to another transaction partner of the victim company according to the existing price in the other transaction partner of the other transaction partner of the victim company. The Defendant received the grain payment from D to the personal account under the name of the Defendant and deposited only part of the amount into the account of the victim company and had the remainder consumed at

1. The defendant in breach of occupational duty was an employee of the victim company, who sells grain to an enterprise registered as a customer of the victim company, while complying with the unit price of grain sales determined by the victim company, and if he sells grain at a price lower than the unit price of grain sales, he/she had an occupational duty to report it to the victim company

The "2016." written in the indictment in 2015 seems to be a clerical error.

6. Around 19.19. The Vice-Governor of the Food Materials Business Division Co., Ltd., in violation of the above occupational duties, E 20kg sold 600 g in D with 600 g, and sold at will at 19,800,000 won at a discounted price of 21,540,000 won, which is the price based on the unit price of grain sales entered in the computer system of the victim company.

In addition, the Defendant from June 19, 2015 to December 6, 2016.

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