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(영문) 서울중앙지방법원 2017.01.12 2015고단7392
업무상횡령등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A shall be a person who entered the victim F Co., Ltd. (hereinafter referred to as "victim Co., Ltd.") in Seocho-gu Seoul on May 27, 2002 and was promoted to the Vice Minister on March 1, 2013 and retired on April 30, 2013, while Defendant B entered the victim Co., Ltd. (hereinafter referred to as "victim Co., Ltd.") in Seocho-gu Seoul on May 27, 2002, and was retired from office on March 16, 2015.

1. Defendant A’s occupational breach of trust was in office as the director of the victim company’s division from November 2009, and was in charge of the purchase of promotional products. The main contents of the business were so-called “G”, “(State), “G Co., Ltd.” (hereinafter referred to as “G”), “A Co., Ltd.”, and (State), after comparing and examining the proposal, Defendant A’s occupational breach of trust received a proposal for the supply of promotional products from the market Korea, and then ordered the best promotional products to be selected in the name of the victim company.

Therefore, the defendant, as an employee of the victim company, has a duty to select and purchase reasonable promotional items at a reasonable price for the benefit of the victim company.

Nevertheless, the Defendant had internal relations with the Defendant at the time.

H For the purpose of obtaining property benefits to H, the written indictment “I” in H’s name is written as if it were a stock company, but even according to evidence, it is an individual business entity under H’s name.

Along with the establishment of a personal business entity with the trade name "(48)", the statement of the facts constituting the crime was corrected ex officio in accordance with it(48) and requested the J, the chief of G, the first event, to receive the sales promotion to be supplied to the victim company through I.

One Part I is merely a nominal business entity, and the actual production or handling of promotional products was not possible, so that the first event group G directly receives the promotional products from the second event group handling the relevant promotional products and directly supplies them to the victim company, it is possible to supply them to G via I from the second event group, and at each time I supplies them to G.

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