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(영문) 수원지방법원 2015.10.29 2013고단2611 (1)
업무상배임등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for a period of ten months, and for a period of eight months, respectively.

(b).

Reasons

Punishment of the crime

[2013 Height2611] [A]

1. The Defendant engaged in occupational breach of trust related to F (B) from March 24, 2008 to March 7, 2013, when working as a member of the victim I (hereinafter “victim”) who is an exporting company of the automobile parts operated by H located in Ansan-gu G at Ansan-si (hereinafter “victim Company”) from March 24, 2008, engaged in the business of allowing the victim company to enter into a contract with the victim company upon receiving an estimate request from the customer while engaging in the business of managing its customers in the same region and securing new customers.

On November 24, 2009, the victim company entered into a contract for the export of automobile parts equivalent to KRW 77,046,689, and entered into a contract for the amount of KRW 71,103,816 on January 6, 201, and managed the above "J" as a business partner, such as entering into a contract equivalent to KRW 58,848,768, around January 10, 201, and thus, the defendant was an employee of the victim company, and thus, there was a duty to maintain transaction relations with the above "J" company.

Nevertheless, the Defendant, in breach of his duty, committed a breach of that duty, and thereby, led to the Defendant to receive a premium (1.5% to 2.5% of sales) from the said “F by mediating a contract with the said “J” company and the said “F” company.

Accordingly, the Defendant introduced the said “F” to the said BJ, and arranged the said “J” to enter into an export contract for automobile parts worth KRW 89,117,979 around February 22, 2013 with the said “F”.

Accordingly, the Defendant, as seen above, by mediating a contract with the J and F, received KRW 89,117,979 from the J, and obtained a net margin equivalent to KRW 9,187,863 with respect to the said sales, thereby obtaining pecuniary benefits equivalent to KRW 9,187,863 from the “F”, and thereby obtaining pecuniary benefits from KRW 9,187,863 from the “F” to the victim.

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