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(영문) 서울중앙지방법원 2014.07.17 2014고합518

배임수재

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

Defendant

A 140,619,450 won.

Reasons

Punishment of the crime

1. Defendant A was in charge of the start-up of product sales through home shopping broadcasts from June 2008 to June 2010 (hereinafter “I”) to a person in charge of the purchase of home appliances from the food price control team (hereinafter “MD”), from June 2010 to December 2010 to the ethical management team, from January 3, 201 to the end of November 201, and from January 201 to the end of November 201, Defendant A was in charge of the start-up of product sales through home shopping broadcasts from November 201 to February 2013, and therefore, Defendant A has a duty to fairly perform his/her duties in accordance with the procedures prescribed in I and generate profits to I.

Around November 2008, the Defendant received an illegal solicitation from L which operates K in a place with no knowledge of not more than Yangcheon-gu Seoul Metropolitan Government, to the effect that it is difficult for L to receive convenience in the broadcasting time zone or the frequency of broadcasting, etc. that he wants to broadcast the panty in I, and that L’s deposit passbook in the name of 12,000,000 won was opened. From around that time to February 7, 2012, the Defendant received 140,619,450 won in total, in response to the above illegal solicitation from 8 persons as shown in attached Table 1, as shown in attached Table 1.

Accordingly, the defendant received money and valuables in violation of his duties in return for illegal solicitation.

2. Defendant B established a TV home shopping intermediary, Inc. N (hereinafter “N”) to connect the supplier company with the home shopping, and intended to assist the supplier company to refer to the home shopping, and run a business with 3-5% of the sales amount from the supplier company as commission, and took overall charge of N’s operation and funding.

On October 2008, the defendant of the crime of breach of trust shall make and produce "O" products at a place where the Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) is not known.