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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around April 2017, occupational breach of trust B and C cooperate with the purpose of bringing, distributing, and selling foreign brand peting agents, etc. into the Republic of Korea. A mutual cooperation agreement was concluded between C and D (hereinafter “D”) with the purport of raising funds and actually representing B to take charge of business reimbursement and proceeding. Pursuant to the agreement, C established E (hereinafter “E”) by investing funds, and D participated in the cooperative project.
Accordingly, the Defendant and B worked in E’s office from May 2017, and the Defendant worked in E’s office, and the Defendant was in charge of work such as production of website, establishment of business plans, contact with foreign companies and conclusion of contracts, and in return, from May 2017 to October 2017, E paid to D an amount of money equivalent to KRW 20 million from May 1 to October 2017 as the salary for workers belonging to D including the Defendant, as the salary for workers belonging to D, including the Defendant, and promised to employ the Defendant and B as a honest in case of smooth progress of the project.
According to the above cooperation contract, the Defendant: (a) contacted F with Germany Specialized in B with desire to enter into a monopoly import and sale contract; and (b) concluded an exclusive sales contract on July 1, 2017, stating that “E has the authority to exclusively import, advertise, and sell F products in Korea for three years from July 1, 2017; (c) the Defendant, as a person in a business cooperation relationship with E, has an occupational duty to smoothly maintain the monopoly contract between E and F.
Nevertheless, the Defendant violated his occupational duties, thereby voluntarily concluding the above exclusive sales contract that E entered into with F, and the Defendant thought to conclude the contract with F through the corporation (Company G), which is scheduled to be established.
On January 11, 2018, the Defendant represents G Co., Ltd. (hereinafter referred to as “G”) for the purpose of manufacturing and selling cosmetics.