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The main and ancillary facts charged against the Defendants are as follows. The summary of the judgment of innocence shall be published.
Reasons
1. The primary facts charged [basic facts] The victim I Limited Corporation is a company located in the Hong Congo. The J Limited Company (hereinafter “J”) is a company that is engaged in the production, sale, etc. of infant goods in China, and the victim holds 100% shares. K Co., Ltd. (hereinafter “K”) is a company that is engaged in the business of selling infant goods such as baby carriages imported from “J” in the Sungnam-si city in Gyeonggi-do and the business of selling infant goods such as baby carriages for infants to Korea and abroad. The victim also holds 10% shares.
Defendant
A served as a representative director from August 201 to August 2014 from J’s “J”, and served as the representative director from November 2013 to November 2014.
Defendant
B served as the representative director from October 201 to August 2013, 2013.
Defendant
C entered K around October 201, 201, and was in charge of purchase at “J” from June 2012 to August 2014.
Defendant
D From February 2012 to August 2014, 2012, the production division was working in JJ.
Meanwhile, around March 2, 2012, Defendant A and the same Defendant B established M Co., Ltd. (hereinafter “M”) that is a company engaged in the manufacture, sale, etc. of infant supplies in the name of Defendant B’s wife, and Defendant B actually operated “M” and Defendant A owns 50% of the shares of “M”.
[2] In the event that goods for young children produced by J are exported to a foreign country, the Defendants filed a report to the injured party and exported the goods to K through a resolution of the board of directors and the general meeting of shareholders of the injured party, and the “K” has duties to faithfully perform duties for the benefit of the injured party, such as selling goods imported from J to the domestic and foreign transaction parties.
Nevertheless, the Defendants, in violation of their duties around December 2012, exported infant goods produced by the “J” to the “M” to the injured party, and then exported such goods to the Republic of Korea.