업무상배임등
A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The "Kcom Co., Ltd. 2016 Highest 8823" (hereinafter referred to as "KT") is a provider of mobile communications services, and the victim wedding Telecom Co., Ltd. is a company in charge of purchasing a mobile phone device from KT to act as an agent for the purchase of telecommunications goods from KT through a consignment contract with KT and the affairs incidental thereto and resale it to the subscribers.
In addition, on May 10, 2015, the victim entered into an entrustment contract with F Co., Ltd. and F Co., Ltd. operating by the defendant, and the victim's subscription to telecommunications goods delegated by KT and its ancillary business, and the sales of mobile phone terminals on behalf of F Co., Ltd.
Therefore, the defendant was in the position of the victim's subscription to the KT telecommunications goods and its ancillary business and the person who deals with the business of selling mobile phone devices based on the above consignment contract, and thus, the defendant has a duty to not inflict damage on the victim due to the act of selling devices and supplementary goods in violation of the relevant statutes. Meanwhile, the Act on the Improvement of Distribution of Mobile Terminal Devices (hereinafter "Act") was enacted.
Article 4 (2) No mobile communications business operator shall pay a subsidy in excess of the maximum amount determined and publicly announced by the Korea Communications Commission.
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According to the above entrustment contract with the victim, the defendant was to receive fees from the injured party according to the number of customers who subscribed to KT, so there was a need to secure a large number of customers as much as possible. Accordingly, in order to secure a large number of subscribers, H with the representative of Gman on May 2015, which is the representative of Gmane G in order to attract H to the director of the Medical Care Welfare Center, welfare company, protection company, etc., the contract between H and the representative of Gman on May 2015 is to pay a fixed amount of fees per one subscriber.