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(영문) 창원지방법원 2017.09.15 2017고단1125
업무상배임
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from October 2009 to the first floor of the building D located in Changwon-si, operated a “E agency” (hereinafter the above agency) that sells telecommunications equipment on the first floor of the building D located in Changwon-si, with a deposit amount of KRW 100 million for the said agency, and had a lease on a deposit basis until July 11, 2018.

On June 8, 2015, the Defendant received KRW 250,000,000 from F Co., Ltd., the same type of business from around October 2014 to October 2015 for the full acceptance of agency operation rights, including the right to lease of the said agency, and upon receipt of payment of KRW 250,000,000 from the said agency, the Defendant prepared an agreement between the Defendant, victim, SK Telecom Co., Ltd. on June 8, 2015, “written request for termination of the entrusted agency contract” and “written request for voluntary waiver” with the Defendant, and submitted the “written request for termination of the entrusted agency contract,” respectively, to the victim, signed an agreement to succeed to the status of the said agency. On October 14, 2015, the Defendant issued the original copy of the sales lease agreement to the victim on October 15, 2015, and prepared the agreement between the victim’s representative G and the Defendant to control the agent’s property relationship or the agreement.

Therefore, the Defendant breached his duty to manage and operate the above agency for the victim in accordance with the above agreement but violated it, and at the same time cancelled the registration of the above agency on March 2, 2016, and at the same time transferred the above agency store to H with the amount of KRW 10 million as premium.

Accordingly, the defendant acquired property benefits equivalent to KRW 10 million and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement in G;

1. Each prosecutor's statement (including the I's statement part and accompanying documents) against the accused;

1. Each police statement made to I and H;

1. The investigation report (H.).

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