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Reasons
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(영문) 의정부지방법원 고양지원 2016.02.19 2015고단2122
업무상배임
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From January 2014 to March 9, 2015, the Defendant worked as a director of the Victim D Co., Ltd. (hereinafter “victim company”) (hereinafter “victim company”) in the island production chain from January 2014 to March 2015, and was in charge of the production of books, the request for supply of books, and the receipt thereof

The Defendant produced and supplied the books requested to be produced by the victim company at the victim company, and claimed the price as if they were supplied by the "E" company operated by the Defendant, and intended to receive the sales price individually.

Accordingly, the Defendant: (a) around February 13, 2015, at the victim company’s office located in Gangseo-gu Seoul Metropolitan Government F, 301 Dong 311 Dong, and (b) at the victim company’s office (hereinafter “E”), requested for island production from G, the customer company, to claim the payment under the name of the victim company and transfer the payment to the account of the victim company; (c) in violation of the victim company’s duty, the victim company’s two types of books of “H (hereinafter “H”) and “I”, which were requested to be produced by the victim company, were printed and copied through the victim company’s employees to obtain and copy KRW 7,00 and KRW 2,00 of “H” and “I” 2,000 from the victim company’s employees to supply the said G to the above company, and claimed the above books as if they were supplied from “E” operated by the Defendant; (d) around February 16, 2015, the Defendant acquired the Defendant’s financial profits from the above G to KRW 271,241.27.

Summary of Evidence

1. Each legal statement of witness L and M;

1. Annual report on the amount paid by each individual;

1. A copy of H mark;

1. A copy of the I mark;

1. Application Form;

1. Certification personnel of each application;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant Articles 356 and 355(2) of the Criminal Act concerning criminal facts (a comprehensive determination of imprisonment).

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