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(영문) 서울남부지방법원 2016.11.25 2015고합452

특정경제범죄가중처벌등에관한법률위반(배임)

Text

Defendants shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Defendant

A around November 2, 1998, entered the victim H Co., Ltd. (hereinafter “victim”) established for the purpose of manufacturing, processing, and selling medicines, raw materials, and non-pharmaceuticals, etc., and worked in special business teams, general hospitals teams, and North Korean border offices, etc., and was working as the head of the diagnosis business team from January 1, 2008. Defendant B was working as the diagnosis business team leader around January 201, 201. Defendant B was working as the diagnosis business team leader for the above damaged company, and the Defendants were in charge of business activities such as the development of new trading lines for hospitals, examination centers, public health centers, and blood centers, maintenance and management of existing trading lines, management of product demand and sales markets, customer marketing, establishment of business strategies, and market research.

In accordance with the code of ethics of the damaged company, the defendants' duty of care as a good manager shall be exercised in a correct and honest report to the victimized company on important information related to the business, the position and duty of care as a good manager, the duty of fair performance of duties, such as not practically owning a partner company that enters into a transaction relationship with the victimized company through joint investment with the interested parties or their family members, ② duty of avoiding conflicts of interest with the victimized company by using the tangible and intangible assets only for the business activities and approved purposes, ③ duty of preventing conflicts of interest with the victimized company in the course of performing duties, and ③ duty of endeavor to minimize the damage of the victimized company and to maximize the profit of the victimized company.

Nevertheless, on September 2012, the Defendants violated the above duties and established a personal business entity called “L” with Defendant B’s wife, Defendant A’s wife, and then directly invest in, or offer as security, the Defendants’ personal property, including cash and real estate. < Amended by Presidential Decree No. 23502, Nov. 1, 2012>