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Defendants are not guilty.
Reasons
I. Summary of each of the facts charged in the instant case [201Gohap70]
1. From August 2007, Defendant C had been engaged in the duties of supplying oil to the Customer while serving as the head of the Daegu-gu agency business team of the Victim L Co., Ltd. (hereinafter “victim Co., Ltd”).
According to the Credit Management Manual of the Victim Company, if oil is supplied to the customer on credit, the transaction amount shall be determined based on the transaction performance of the customer, the establishment of collateral and the credit investigation, and the shipment control shall be conducted within the scope of the transaction amount after obtaining approval from the head of the business department, and if exceeding this, the prior approval shall be obtained from the head of the business department, and all oil supply shall be registered in M, a computer system for the transaction and inventory management of the company.
On March 6, 2008, the victim company entered into an oil supply contract with D, the actual representative of N andO Co., Ltd. (hereinafter “O”). The credit transaction limit amount was KRW 3.95 billion around June 1, 2008, and the credit transaction limit amount was KRW 4.8 billion around July 14, 2010.
Therefore, when the defendant supplies oil to theO, he/she must confirm the total amount of credit sales claims before the shipment and supply oil within the scope not exceeding the above credit sales limit, and if he/she supplies oil in excess of the limit amount, he/she has the duty to obtain prior approval from the head of the business division in advance and accurately calculate the amount of oil supplied to theO after entering the oil in the above M at the time of leaving the oil, so that no damage is caused to the collection of the sales proceeds.
Nevertheless, the Defendant received a request from the above D to keep supplying the oil even if the amount of the oil is exceeded when the suspension of oil supply, and then did not obtain prior approval from the head of the business division at the victim company office on June 10, 2010.