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(영문) 대전지방법원 2019.01.25 2018고단1438
업무상배임등
Text

A defendant shall be punished by imprisonment for two years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

During the period from March 18, 2011 to June 25, 2017, the Defendant entered into a sales consignment agreement with the victim C Co., Ltd. and the victim E who occupied the third floor of the Seo-gu Daejeon D Daejeon, Seo-gu, Daejeon, into a sales consignment agreement with the victim, and has overall control over the storage, display, return, product management, inventory management, sale, and collection of the above company’s goods. The victim is a corporation that exclusively imports and sells the clothing manufactured by the above company from E with its head office in France, and the Defendant supplied the clothing from the victim to sell them to the Republic of Korea, and the Defendant had a duty to sell the clothing according to the amount designated by the victim (or at the price set by the victim, if the victim intends to do so).

Nevertheless, the Defendant had been able to sell discount at will to raise sales performance, and even if the discount sales period was not on August 11, 2016, the Defendant had arbitrarily sold the sirens supplied from the head office at a discount and did not enter them into the electronic data processing system.

In addition, the law was used to cancel the use of the credit card of the customer, which was kept in custody to conceal the law and caused false sales.

From the early May 2012 to June 25, 2017, the Defendant sold at a discount of 50% at a discount of 107,281,690 won in total, as indicated in the attached Table of Damage List, in the same way, and sold at a discount of 50% the clothes of 622 won, as indicated in the attached Table of Damage List, thereby having customers gain pecuniary benefits equivalent to 53,690,845 won, and the Defendant inflicted loss equivalent to the same amount on the victim.

Accordingly, the defendant has caused a third party to obtain property benefits by violating his duties.

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