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(영문) 울산지방법원 2019.01.30 2018고단2244
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who has served as a selling member in Ulsan-gu, which is operated by the victim B.

1. The Defendant in occupational breach of trust, while working at the above three points, has a duty to sell each electronic equipment at the price designated by the victim company, and in the case of receiving the sales price from the account, there was a duty to receive the sales price from the account of the victim company.

Nevertheless, the Defendant arbitrarily sold electronic equipment at a price lower than the price designated by the victim company, put them on the performance, received allowances accordingly. On March 5, 2017, the Defendant sold the electronic equipment of KRW 5,029,00 at KRW 2,389,00 at a discount of 50% compared to the normal sales price to the customers who purchased the electronic equipment at the above store around March 5, 2017, and sold it to the E bank account in the name of the Defendant.

In addition, the Defendant inflicted on the victim company property damage equivalent to KRW 2,640,00,00, which is the amount of discount sale at the victim company, from the above date to November 13, 2017, as shown in attached Table 1, the Defendant inflicted on the victim company property damage equivalent to KRW 148,889,00,00 over 68 times from the above date and time to November 13, 2017, and had many customers acquire property profit equivalent to the same amount.

2. The Defendant, as described in paragraph 1, was aware that, in the situation where the Defendant should sell electronic equipment in violation of internal sales regulations and set up a discount amount, the Defendant, once selling electronic equipment to senior citizens and customers, issued a discount card after settling the account with a credit card, he would have cancelled the previous settlement.

On May 6, 2017, the Defendant made an alliance card to the victim F who is a customer at the above Trisan store and made a settlement with the victim F, so it is better to create an alliance card and make a settlement.

Until issuance of a new card, 1-2 shares are required.

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