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(영문) 수원지방법원 평택지원 2020.02.14 2019고합131

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who had worked as a business employee at the victim D Co., Ltd. located in Guro-gu Seoul Metropolitan Government Building C from April 20, 2015 to March 5, 2018.

The victim is a company that provides Internet education service content to public institutions established for the purpose of the remote lifelong education business, etc., and the defendant publicizeds to public institutions, etc., and when the victim concludes an Internet education service contract with public institutions, etc., the victim purchased promotions with the consent of the victim, and then publicly announced the payment of promotions, such as Nowon-gu, etc., and purchased promotions and provided them.

1. A violation of the Act on the Punishment, etc. of Specific Economic Leave (Misappropriation of Trust) [Case ] Around December 2016, the Defendant purchased five Nowon-gu in an amount equivalent to three million won as a promotional product without the consent of the victim, and the victim did not enter into a contract for the provision of educational services with the customer, but paid the above three million won to the customer first, despite the fact that the victim did not enter into such contract.

In order to conceal the fact that the Defendant pre-paid the North Korea without the consent of the victim, the Defendant purchased the North Korea under the pretext of providing the promotional materials by concluding an educational service contract with other customers, and paid the purchase price for the North Korea to be borne by the victim with the purchase price for the resale of the North Korea. In order to prevent such return, it is necessary to repeat so-called the so-called “defensive” and to continuously cause the purchase contract for the North Korea without the consent of the victim. Accordingly, the Defendant was willing to purchase the North Korea without the consent of the victim.

[Specific criminal facts] On December 31, 2016, the Defendant concluded a contract in violation of its duty to purchase promotional products for trainees only when the victim concludes a contract with customers for Internet education services and agrees with them.