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(영문) 의정부지방법원 고양지원 2017.04.14 2016고단2018

업무상배임

Text

Defendants shall be punished by imprisonment for four months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A has overall control over the duties of the victim E-company in charge of marketing, advertising, and public relations as the head of the strategic planning office of the victim company from July 2012 to September 2014. From around July 2012 to around 12, 2014, the victim E-company selling English learning textbooks, programs, etc. in Seoul, Gangnam-gu and 12 was in charge of the victim company's affairs. The defendant B has been in charge of marketing, advertising, and public relations as the head of the victim company's strategic planning office from around July 2012 to April 2014. The F has been in charge of the transaction management, inventory management, etc. from around June 2012 to the victim company's team leader. G is an independent business operator who operates H, the victim company, and from around March 2013 to October 2014, the victim company was an independent business operator who introduced the victim company's teaching materials, programs, etc. to enter into a contract with the victim company and provided brokerage fees from the victim company.

1. Defendants, F, and G’s joint crimes (an excessive appropriation of service charges) and F were occupational duties to inform the victim company of the amount of the service charges and pay the amount thereof to the J, the representative director of the victim company, so that the victim company does not cause damage to the victim company.

However, the Defendants conspired with F and H’s operator G, and the Defendants and F violated the above occupational duties on June 27, 2013, and entered into a service contract equivalent to KRW 5,000,000 between the victim company and H, and the victim company would have paid KRW 5,00,000 to H, while the victim company would have paid KRW 5,00,000 to H, the representative director of the victim company would have paid KRW 10,000,00 to H, and the victim company would have paid KRW 10,000 to H, and the above F corporation would have paid KRW 10,00,00 to H.