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(영문) 서울남부지방법원 2020.02.06 2019고합229
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From January 2, 2014 to July 16, 2018, the Defendant served as business employees from the victim E (hereinafter “victim E”) engaging in measuring instruments, wholesale and retail business, etc. in the Gu building B, C, and D from January 2, 2014 to July 16, 2018.

1. Since the Defendant was in charge of public relations and explanation of measuring instruments and experimental equipment and concluding a supply contract against his/her clients, such as research institutes, laboratories, and large enterprises, while working for the victimized company as a business employee, the Defendant had a duty to endeavor to conclude the supply contract of the victimized company.

Nevertheless, around May 8, 2017, the Defendant established and operated a G operating the same business as the victimized company under the name of F, his father, and had been able to acquire pecuniary benefits by entering into a supply contract with the victimized company’s clients by using G.

On June 8, 2017, the Defendant: (a) concluded a contract with H Co., Ltd. (hereinafter “H”) which is a customer of the victimized company in the name of G in violation of the foregoing occupational duties; (b) concluded between July 10, 2018, to supply one unit of Aluminium experiment unit in the name of the victimized company; and (c) concluded a contract with the victimized company for the supply of goods worth KRW 609,483,380 in total on 33 occasions, as indicated in the attached list of crimes, until July 10, 2018, the Defendant acquired the pecuniary benefits of the damaged company, as well as the pecuniary damages of the amount not known to the victimized company.

2. On December 6, 2017, at the office of the victimized Company, the Defendant placed an order for HPLC products to I, the representative of the victimized Company:

The purchasing office is J, and it has been engaged in the work of HPLC selling to H, and G has already taken over the goods from J.

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