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(영문) 서울중앙지방법원 2016.10.28 2015고합1136

업무상배임등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this judgment is delivered against Defendant B.

Reasons

Criminal facts

Defendant

A served as a director of the Victim N (hereinafter “N”) from March 30, 2012 to November 201 of the same year, while serving as a representative director, and Defendant B is the actual operator of O (hereinafter “O”) who is a web sub-contractor.

N is a pening company for the protection of copyright of the drama and others, and a web-line company provides web-lineing service, which is a technical measure for copyright protection, and a copyright holder, such as MBC, KBS, SBS (hereinafter referred to as “broadcasting 3 company”) provides a pening channel and its sales route to examine whether the web-line company is consistent with the sales settlement data submitted to the copyright holder.

Defendant

B On February 2, 2012, Defendant B stated in the facts charged that “The part of Defendant B’s representative director A of N, who was a patroler, not paying the basic user fee, search fee, etc. used by theO, and changed the type of P, Q, R’s pening route operated by theO to create settlement data to be provided to the copyright holders, and changed the sales route data in advance,” “If the police station is subject to an investigation, submission of the data that the said web page is properly conducting the pening is also the content of the illegal solicitation.”

According to the evidence duly adopted and examined by this court, although it was found that Defendant C, a director of theO, prepared a N’s confirmation document containing the purport of “satising,” and sent it to Defendant A, and requested Defendant A to reply along with a copy of the resident registration certificate, it was found that Defendant C, a director of theO, requested Defendant A to reply with a copy of the resident registration certificate, but, as seen thereafter, Defendant B and other O operated the settlement data

Because N did not detect the operation of the O's settlement data due to the failure of N to carry out the pening work properly, there is evidence that the content of the above certificate is false.