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(영문) 의정부지방법원 고양지원 2018.06.14 2017고단2015 (1)
업무상배임미수
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

C A from November 2015 to April 2016, 2016, C served as a director of the Victim D Co., Ltd., Ltd., the victim company from October 2013 to April 2016, E served as a regular business of the victim company from October 2013 to April 2016, and the defendant is the representative director of F Co., Ltd., the competitor of the said company.

C. E works as an employee of the victim company, and the said company took charge of the work of ordering the installation of “OLED equipment air conditioninger” (hereinafter “the instant equipment”) from G, and the work of managing it.

C. On January 20, 2016, when receiving orders from G to manage the said facilities installed as a main facility from G, it was exclusively in charge of the business of receiving orders from the said corporation for the construction of additional facilities from G. Around that time, it received proposals from the Defendant, who became aware of the above E’s branch, to give employment to F, and to give incentives for receiving orders to F, a corporation operating the main facilities ordered by G, which is a main facilities ordered by G, from the Defendant that he/she became aware of, around that time.

C and E received a notice from G on March 16, 2016, ordering additional facilities, but did not report it to the victim company. On April 18, 2016, written a written estimate required for the said facilities, in the F’s name, and sent it to the Defendant, and the Defendant submitted the said quotation to G employees who were in charge of G.

Accordingly, the Defendant, in collusion with C and E, tried to give orders to F, a corporation operating the Defendant, which is a main facility ordered by G, in violation of the victim company’s business duties, and thereby inflict considerable loss on the victim company, on the part of the victim company. However, on April 22, 2016, the victim company, which became aware of this, raised an objection to G, thereby preventing F, a corporation from serving as the main facility.

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