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(영문) 서울중앙지방법원 2014.08.28 2014고합840

업무상배임등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From July 10, 2006 to June 2012, the Defendant, in occupational breach of trust, worked in the victim D Co., Ltd. (hereinafter “D”) and engaged in the business of renewal of the lease of convenience stores.

When the defendant concludes a lease contract and re-contract for the convenience store belonging to the victim, he/she has a duty to faithfully manage the lease contract affairs such as adjusting rents in consideration of the profitability of the convenience store concerned so that no damage to the victim may occur.

Around December 15, 2010, the Defendant entered into a contract with F branches located in Guro-gu Seoul Etel 101 with “five-year long-term contract, but the deposit and monthly rent shall be KRW 80 million equal to the existing terms and conditions, and KRW 2.1 million per month,” despite receiving a demand from G to December 31, 2015, the Defendant entered into the contract with “long-term KRW 80 million from January 1, 201 to December 31, 2015, KRW 80,000,000,000,000 won, and KRW 2.5 million from the above date on which the Defendant received KRW 18 million from G to KRW 201,50,000,000,000,000,000 from KRW 2,500,000,000,000,000,000).”

Accordingly, the defendant received money in exchange for illegal solicitation in relation to his duties.

Summary of Evidence

1. The defendant;