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(영문) 서울중앙지방법원 2020.06.04 2018고단4407

업무상배임등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 1990, the Defendant joined C Co., Ltd. (hereinafter referred to as “victim”) a Korean corporation (hereinafter referred to as “B”) which is a Korean corporation (hereinafter referred to as “victim”) and was in charge of global marketing of textile products from among the special processed amounts using actual containers. From January 1, 2016, the Defendant was appointed as a registration director of a victimized company and worked as the vice president.

March 23, 2017.

D (English name D, E) is working in the United Nations in a Chinese corporation B.

Around November 2010, the Defendant: (a) set up “F” and (b) produced similar products B; (c) requested the Defendant to improve the quality of the F Products; (d) to plan new products; and (e) to operate a foreign business; and (e) proposed that the Defendant would pay half of its profits to the Defendant around May 2015; and (e) accepted the proposal.

From May 2015, the Defendant and D prepared joint projects, such as the preparation of product cals, e-mail accounts, and establishment of corporations, and on August 11, 2015, the Defendant and D invested USD 5,000 each from the Defendant’s G and D Operation Limited Corporation in the city of Dongdong-dong in China, and established I [Korean name I, Chinese: I, I, I, I, and I].

The defendant, while working as J in relation to I's business, provided D with management information and technical information data of victimized companies that need D, takes charge of the work of improving the quality of F products, planning and developing new products, and promoting overseas markets. In response, the defendant thought that half of I earnings are distributed.

1. Occupational breach of trust: A while employed as an executive officer of the victimized company, he/she carried out business activities, such as transmitting e-mail advertising I products to the victimized company at the D’s request, in fact that there was an occupational duty to not engage in any profit-making activities contrary to the interests of the victimized company, such as dealing with business affairs for the victimized company, and promoting or running the products of other companies.

On November 2015, the Defendant is the customer of the victimized company at K apartment and Lhoho-si's dwelling area in Ma and N.