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(영문) 서울중앙지방법원 2017.07.14 2017노985
업무상배임미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively considering the summary of the grounds for appeal (misunderstanding of facts), the victim E Co., Ltd. (hereinafter “victim E”) lost two business opportunities as stated in the facts charged that could objectively be sufficient due to Defendant’s breach of duty. This resulted in the Defendant’s passive damage to the victimized company. Therefore, the crime of occupational breach of trust is established.

2. Determination

A. Examining the reasoning of innocence revealed by the lower court in light of the record, the evidence alone submitted by the prosecutor is insufficient to recognize the facts charged.

The judgment of the court below is justified.

B. With respect to the “ABC20 R Vehicle Project for Dispatching Experts to Foreign Lone Staring Work (hereinafter “Project”), the witness P’s testimony at the court of original instance on September 2013 of the witness P’s testimony at the court of original instance (hereinafter “Project”) received a request for proposal from E on September 2013.

The need and answer that he participated in the project at the time: The low-income bracket was eventually unable to participate.

“The words: what reasons why he did not participate are, and what answer: At the time of being examined, the low-income bracket was the head of the corporation, who was the head of the corporation by Malaysia, to the effect that it is difficult to secure profitability if he wanted to do so in this part.

A The head of the department (Defendant) shall present his opinion to the project.

It is known that the author knows that he has ratified it.

Pursuant to "The sentence" and "The defendant reported that he did not have any profitability as the head of Malaysia's branch, and that he applied to it in the damaged company, as the defendant was affiliated with the damaged company, and as the above company was merged with the damaged company, Malaysia's Malaysia's Malaysia's Malaysia's Malaysia's Malaysia's Malaysia's Malaysia's Malaysia's Malaysia's business division.

On September 2013, the head of the corporation was requested to dispatch experts related to design work from L side, and was directly superior at that time.

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