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(영문) 창원지방법원 2014.06.18 2013노2199

업무상배임등

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the facts charged is a person who, from April 20, 2009, worked as the head office of F University G building 401 located in F University G building Ma, Busan, as the head office of the Vietnam corporation of H (hereinafter “H”) and was engaged in overall management of the corporation, such as concluding a contract with an outsourcing company. Defendant B is a person who, from August 27, 2009, worked as the head office of F University G building 401 located in F University G building Ma and was engaged in management and supervision of accounting, fund management, personnel affairs, etc.

Defendants in breach of trust 1) concluded a contract at an appropriate price for the Company for the Company, and concluded a contract with the relevant Customer to receive rebates money, such as the price for the conclusion of the contract, and concluded a contract with the customs logistics agent at a higher level of customs clearance fees, etc. Accordingly, Defendant A offered to receive rebates money from J. 1 by using the fact that most of the recommendations from the headquarters were approved by the Vietnamese Corporation, which is well aware of the local circumstances, as it was difficult for Defendant A to use I as a logistics agent at the headquarters around October 201. After requesting the change to another company, Defendant B introduced K representative of J to the other company. Defendant B, around January 5, 201, concluded a contract with the said K 20,000,000 won, 30,000,000 won and 16,000,000 won and 16,000,000 won and 16,000,000 won and 16,06,016,06,06.16.