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(영문) 부산지방법원 서부지원 2020.04.21 2019고단1520
업무상배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On August 18, 2015, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Busan District Court on February 14, 2016, and completed the execution of the sentence at the Busan Detention Center.

【Criminal Facts】

The defendant from June 1, 2018 to the same year.

9. From 30.30 to 30.30, the victim C was in charge of electronic data processing, such as opening of cell phones and collecting charges, which was entrusted by the victim in the middle Dong store operated by the victim C in Busan Shipping Daegu.

On June 4, 2018, the Defendant confirmed whether a person in charge of the electronic data processing of mobile phone charges has a duty to accurately enter them in the electronic data processing system, and had E be exempted from the mobile phone charges even though he did not pay the mobile phone charges, the fact was to allow E to enter false information into the electronic data processing system as if he paid the mobile phone charges of KRW 90,660, and to request approval from the agencies dealing with the above store and to offset the claims against the agencies of the victim from September 29, 2018, from that time until September 29, 2018, the Defendant entered the total of KRW 20,634,471 in the electronic data processing system with a falsity, and caused damage equivalent to the victim.

As a result, the defendant suffered damages equivalent to 20,634,471 won from the victim due to an act in violation of his duties as a person who administers another's business, and acquired pecuniary benefits equivalent to the same amount from E, a third party.

Summary of Evidence

1. A protocol concerning the suspect examination of some of the accused;

1. Statement to C by the police;

1. A criminal investigation report (Attachment of the details of the damage from embezzlement) and the details of approval for receipt;

1. Investigative report (Attachment to the Kakao Stockholm dialogue between the complainant and the suspect), Kakao Stockholm dialogue;

1. Previous convictions indicated in the judgment: Criminal history records (A), investigation reports (verification of criminal records of a suspect);

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