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(영문) 서울중앙지방법원 2014.06.05 2013고정6829
업무상배임미수
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 27, 2012, the Defendant was in the position to handle the affairs of the victim company by engaging in the business of selling products developed by the victim company and providing advice to the other company while working as the project manager in Seongdong-gu Seoul Metropolitan Government Co., Ltd. D.

On September 2012, in order to participate in the business for the advancement of the overall system for the management of drawings and documents (PLM) promoted by E Co., Ltd., the victim company invited the E Co., Ltd., through F, the head of the victim company, the head of the product planning team of E Co., Ltd., to introduce the E Co., Ltd. to the E Co., Ltd.., and around November 2012, the victim company proposed and announced a more specific data by sending the defendant to E Co., Ltd., who

Therefore, in proposing and announcing the E company, the defendant had a duty to announce the proposal by explaining the victim company's program and business plan so that the victim company can participate in the project.

Nevertheless, on November 7, 2012, the Defendant, in breach of his duties, issued a proposal with the point data prepared in the name of company I, which was represented by the Defendant, among the parties to E companies, such as the team leader, at the office of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, as a result of the violation of his duties, and responded to the G question, stating, “Any party or superior,” “I would have no relation with I companies other than the victim company.”

In addition, around November 28, 2012, the Defendant receives a request from J on December 5, 2012 from E company product planning team staff to send proposals and explanatory materials related to the schedule of the proposal and presentation, and “I will, if the subject of the PLM system diagnosis is not an I company or the victim company is in the position at the time of the presentation of this proposal, clearly arranging the position at the time of the presentation. now, the matters currently under way will proceed with as soon as the last day.”

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