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(영문) 서울중앙지방법원 2016.04.29 2016고합43
배임수재
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 5,00,000 won.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

1. Around January 1, 2009, Defendant A changed the name of Defendant F Co., Ltd. (hereinafter “G”) located in Gangnam-gu Seoul Metropolitan Government E to “G around 2014.”

F. hereinafter referred to as “F.”

A person who became a member and worked as a director of the CR management until July 16, 2014 and was in general in charge of affairs such as the selection of a customer service company.

B is the defendant's chair, and the representative director of H (hereinafter referred to as "H") established to perform the F's customer service entrustment business.

H After concluding a contract with F for the selection of a customer service company for one year of the contract period on March 1, 201, following the conclusion of the contract with F on May 1, 2011 (the contract period: from May 1, 2011 to April 30, 201), re-contract on May 1, 2012 (the contract period: from May 1, 201 to April 30, 201) and re-contract on May 1, 2013 (the contract period: from April 30, 2013 to April 30, 201), and re-contract on May 1, 2013 (the contract period: the contract period: May 1, 2013 to April 30, 2014).

From May 2014, it seems that the contract term stipulated in the self-contract was substantially extended on May 1, 2013 without entering into a fixed re-contract after May 1, 2013.

On March 1, 2010, the Defendant entered into a contract for the selection of a customer service company with H around March 1, 2010 and received implied solicitation by allowing the renewal of the contract each year.

In return for the solicitation, the Defendant received from B KRW 16,70,000 in total from March 11, 2012, KRW 3,00,000, KRW 3,000 on April 12, 2012, KRW 14.5,200,000 on March 17, 2014, and KRW 16,70,000 on March 17, 2014, KRW 16,70,000 in the Defendant’s mother-friendly first name, and transferred to a parallel account; KRW 4,285,09,00 on May 9, 2014; KRW 4,279, KRW 760 on June 4, 2014; KRW 30,00 on July 4, 2014; and KRW 16,085,80 on the Defendant’s new account under the name of the Defendant’s bank account.

Accordingly, the defendant is a customer service entrusting company.

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