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(영문) 수원지방법원 2017.10.23 2017고단2179
업무상배임등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant A is the actual operator of F, and Defendant B is the person in charge of computer and accounting affairs in F.

Victim Past Information and Communications Co., Ltd. (hereinafter “victim Company”) provides a credit card merchant with a device and manages it, and at the same time it manages it, it is an information and communications additional business company (nameed “VN: V. Dowork”; hereinafter “N”) with a credit card merchant’s agency that has entered into a contract with a credit card merchant’s agency with a private person who receives fees from V. Doz.

Defendant

A as the representative director of F on December 23, 2010, between the victim company and the victim company on December 23, 2010, the F entered into a “self-agency agreement” with the victim company on the installation of credit card terminal sales to the victim company and the A/S, the vicarious execution of storage and management of application documents for credit card payment service of the merchant, and the inducement and support for the conclusion of the VN service contract between the merchant and the victim company, and renewed the said agency agreement on March 2014.

Therefore, according to the terms of the above contract, the defendants should not act as an agent for the victim company in good faith for the victim company during the contract period, and should not act as an act causing damage to the victim company by selling credit card terminals of other companies in competition with the victim company or providing services to the member stores of the victim company.

Nevertheless, as a result of the F’s decrease in revenues on March 2016, Defendant A made a new business operator registration in the name of another person, and made a proposal that Defendant B receive VN fees by continuing to conduct the card terminal business in the name of another person, and that Defendant B should pay it.

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