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(영문) 서울중앙지방법원 2018.09.13 2018고단1297

업무상배임등

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Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. Defendant A serving as the head of the Broadcasting Headquarters of Co., Ltd., which provides insurance broadcasting services through a comprehensive programming program or cable program from May 2015 to November 2015, and entered into a contract on the commission of insurance designer with the victim company for the purpose of selling insurance products that entered into a business agreement with Co., Ltd., and collected customer information, such as the name, telephone number, etc. of potential customer who calls for counseling calls during insurance broadcasts (hereinafter “consumer database”), and distributed and managed them to the branch managers of the victim company.

Defendant

B worked as the branch of E company for the same period, entered into a contract on commission of insurance designer with the victim company, and upon delegation by the defendant A, divide the above customer database to the branch of the victim company or designer and manage it.

In addition, insurance solicitors G, H, I, and J have concluded a contract on the commissioning of insurance designer with the victim company, and have been engaged in insurance business in a way that receives a certain percentage of fees from the victim company to operate the business after being provided with the customer database without compensation from the victim company.

2. The customer database of the victim company of occupational breach of trust is the data that the victim company concludes a cooperation contract with the broadcasting company through E, and pays and collects a considerable amount of cooperation fees from the broadcasting company. The victim company has operated its business by providing the insurance solicitors with the customer database free of charge and allowing them to sell the insurance products to the customers who live in the customer database and concluding the insurance contract. Therefore, the customer database has been important for the victim company.