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(영문) 인천지방법원 부천지원 2020.05.07 2019고단3221
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director B of a stock company.

1. On January 1, 2015, the Defendant in breach of trust against the Victim C Co., Ltd. (hereinafter “C”) entered into a contract with the victim C, which is a credit card value-added telecommunications business operator, for the service of managing a franchise store after concluding a credit card inquiry contract with a credit card member store for the victim and concluding a contract for the credit card transaction approval service with the victim, barring special circumstances, such as a request for replacement of value-added telecommunications business operator, a franchise store was obligated to manage the franchise store. Therefore, barring special circumstances such as a request for replacement of value-added telecommunications business operator

Nevertheless, around January 2016, the Defendant, in violation of the above occupational duties, converted the victim's member store into the other credit card value-added telecommunications business operator E Co., Ltd. (hereinafter "E"), which is the victim's member store, from that time to February 2017, by converting the total of 50 existing member stores of the victim into other credit card value-added telecommunications business operators, such as the list of crimes (1) in attached Table 2017, thereby making the victim company lose its revenue of 61.9 won per case when inquiring about credit cards and approval for transactions, and 19.4 won per case when automatic transfer service, thereby incurring property damage equivalent to 329,673,086 won in total.

2. On September 1, 2015, the Defendant in breach of trust against victims E in business: (a) concluded a contract with the victim E to vicariously manage credit card inquiry terminals and concluded a credit card inquiry service contract with the credit card merchant for the victim; and (b) barring any special circumstances, such as requesting the replacement of the value-added telecommunications business operator, the existing member store was affiliated with the former member store.

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