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(영문) 서울중앙지방법원 2020.02.19 2018고단7538
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From June 2005 to August 2017, the defendant has been engaged in general affairs of the victim-based global project head of Gangnam-gu Seoul Metropolitan Government's global project head, and has been engaged in general affairs of the foreign model contribution contract.

After concluding a direct contribution contract with a foreign model company in the name of the victim company, the defendant established the "E (E)" in the name of the victim company in the name of the victim company, despite the fact that the victim company directly pays the model fees to the above affiliated company, E excluded from the foreigner model, or made the victim company E conclude a model contribution contract by pretending that the foreigner model belongs to E, and made a false model contribution contract with the victim company, or made a false model contribution contract with the victim company even if the foreigner model was not contributed to the advertisement, or made a false model contribution contract with the advertisement even if the foreigner did not request the victim company to pay more than the actual model fees, and received money from the victim company by claiming in the name of E the extension of the model fees to be paid to the actual model company.

On September 12, 2016, the Defendant claimed KRW 6,00,000 from E to the National Bank Account in the name of E company (Account Number: H) in the name of E, and received KRW 6,00,000 from E to obtain KRW 4,00,000, the difference between E, and at the same time, the Defendant sustained KRW 4,00,00,000 in property damage to the victim company.

In addition, from around that time to October 13, 2017, the Defendant: “The de facto model fee of KRW 18,000,000 is KRW 21,40,000;” “the de facto model fee of KRW 4,50,000,” and “the de facto model fee of KRW 21,40,000,000,” and “the de facto model fee of KRW 1,100,000,” the amount of damage.

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