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(영문) 대구지방법원 2016.06.21 2016고단1227
업무상배임등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from August 25, 2012 to April 19, 2015, served as a business employee at D operated by the victim C in Daegu Dong-gu, Daegu, as a business employee, and supplied goods to the business partner and engaged in the collection of money.

1. Around January 13, 2014, the Defendant received goods equivalent to KRW 820,250 from the foregoing D to the “F” located in the Gu, Si, Gu, and was in custody to deliver the goods to the “F” located in the Gu, Gu, Si, Si, and Gu. Around that time, the Defendant sold the goods to the “F” without being supplied to the F, and then consumed the sales proceeds for personal purposes.

In addition, the Defendant embezzled KRW 47,543,50 in total by means of not delivering goods to the Customer or embezzlement of goods paid by the Customer, as indicated in the List of Crimes (1) between around that time and April 8, 2015, while receiving and keeping goods from the said D more than 20 times, the Defendant embezzled KRW 47,543,50 in voluntary consumption with gambling money.

2. On September 1, 2014, when the Defendant intends to sell at a discount goods received from the said D at H located in Gumi-si G around September 1, 2014, notwithstanding the existence of a duty to obtain prior approval from the company, the Defendant, in violation of that duty, obtained pecuniary benefits equivalent to KRW 4,500 by selling at a discounted price of KRW 35,500, “I” goods that constitute 40,000, the ex-factory delivery price of which is KRW 35,500, thereby incurring pecuniary loss equivalent to the said amount.

In addition, during the period from around that time to April 2, 2015, the Defendant arbitrarily discounted the amount of KRW 4,500 from KRW 500 to KRW 4,500 per product, including H, on several occasions, as shown in the List of Crimes (2). The Defendant obtained property benefits equivalent to KRW 7,753,000 from four business partners, and the victim suffered property damage equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Details of accusation, embezzlement, and breach of trust;

1. The application of Acts and subordinate statutes to a report on investigation (to be accompanied by data submitted by a complainant);

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