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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
, however, from the date this judgment becomes final.
Reasons
Punishment of the crime
[Criminal Power] On May 31, 2019, Defendant A was sentenced to a suspended sentence of six months for the crime of occupational breach of trust at the Busan District Court, which became final and conclusive on June 8, 2019.
【Criminal Facts】
The victim C is a company that establishes and maintains the network security system to a company or government office, and the defendant A is in charge of the business of receiving contracts from January 8, 2004 to May 31, 2014, and the defendant B operated D corporation that engages in the same kind of business as the victimized company from September 6, 2010 to September 5, 2013, and the defendant A operated the above D from September 6, 2013.
Defendant
A, as an employee in charge of the business affairs of the victimized Company, must conduct business affairs for the victimized Company by securing its customers and improving their sales. Despite the fact that there was an occupational duty that the victimized Company should not concurrently engage or engage in competitive business without the consent of the victimized Company, A, through the recruitment with Defendant B who operates the said D with the company that has invested some of its funds, or who independently operates the said D with the intent of seeking personal benefits by concluding a contract that can be received by the victimized Company in violation of the said duties in the name of the said D.
1. The Defendants’ co-principal
A. On October 4, 2011, Defendant A entered into a contract equivalent to KRW 1,1140,000 with E Co., Ltd. on the purchase of the Nec Work Bars within the business scope of the victimized Co., Ltd. at the foregoing D office located within the F building G of Gyeonggi-si, Gyeonggi-do, and around October 4, 201, Defendant A, who entered into the contract with E Co., Ltd., in violation of the above business duties, had the victimized Co., Ltd. enter into the contract with E Co., Ltd., and
B. Defendant A committed a crime upon the conclusion of a contract with H around July 31, 2013.