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(영문) 서울서부지방법원 2018.05.16 2017고정1574
업무상배임등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 26, 2016, the Defendant, in occupational breach of trust, engaged in the attracting of subscribers, such as mobile communications and super-high speed Internet, and customer management at the mobile phone agency of the victim C, operated by the victim C in Seodaemun-gu Seoul, Seoul, and the first floor.

The defendant is obligated to perform his duties in good faith with respect to the sales of the victim's mobile phone according to the above KT regulations and the entrustment contract.

Nevertheless, on November 9, 2016, the Defendant, in handling the affairs of the victim at the above mobile phone sales store, in violation of the occupational duty to attract and manage the new customers in good faith, received allowances by raising the performance of his duties, and made it possible for the customer E, who is the customer, to pay the penalty and the remaining installments at the time of termination of the previous mobile phone through gallon gallon ju (S7) on behalf of the customer, and later, he paid the victim KRW 3,360,460 in total to the customer seven times between February 24, 2017, including the crime list 1, where the victim filed a civil petition by claiming for the additional payment of the cost of the mobile phone to pay 789,560 won for the previous mobile phone.

Accordingly, the defendant acquired property benefits of 3,364,460 won of the mobile phone installment payment to be paid by the defendant according to the results of the long-term work performance and suffered damage equivalent to the same amount to the victim.

2. The Defendant’s occupational embezzlement has been engaged in attracting and managing mobile phone customers at a mobile phone agency operated by the injured party as stated in the above crime 1.

On February 1, 2017, the Defendant: (a) opened a new mobile phone via a new mobile phone, such as No. 1) No. 3 annually; (b) received from customers F a mobile phone return of 7 mobile phone (amounting to 600,000 won of a medium phone unit price) from customers; and (c) kept in custody for the victim on his/her duty; and (d) arbitrarily disposed of around that time.

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