beta
(영문) 광주지방법원 순천지원 2019.08.22 2018고합253

특정경제범죄가중처벌등에관한법률위반(배임)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

A Co., Ltd. (hereinafter referred to as “victim”) is a corporation incorporated for the purpose of all incidental projects, such as farming materials, fertilizers, manufacture and sale of pesticides, and service management business, which is a company supplied by domestic and foreign enterprises with products helpful for the growth of the turf of golf course from domestic and foreign enterprises and sells them to domestic golf courses.

From February 2, 2012 to August 25, 2017, the Defendant, as a business member of the victimized company, had overall control over the import business of the products subject to management of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law of law

1. On January 1, 2014, a contract damage company with U.S. E company entered into a contract with the U.S. E company to exclusively supply products, such as “scopic agents”, “scopic purification and coloring agents,” which are necessary for the management of the lawns of golf clubs in Korea, and stable supply of products by maintaining the contract until 2017 and distributing them in Korea.

The defendant has a duty to maintain the contract as an employee in charge of the supplier of products, such as E, and to accurately report to F, a representative director of the victimized company, when there is a complaint from the supplier of the product, or when there is a move to refuse to renew the contract or terminate the contract, to directly resolve the complaint, to refuse to renew the contract, or to withdraw the intention to terminate the contract, or to have F, resolve the complaint at the level of the victimized company or to withdraw the intention to refuse to renew the contract or terminate the contract.

Nevertheless, around June 2017, the Defendant sent to G an e-mail with the content that “I want to directly operate the company. I want to obtain the exclusive contract right” to E, and thus, entered into an existing monopoly contract with the victimized company.