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(영문) 서울남부지방법원 2016.07.21 2014고합239
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

[Defendant B] Defendant B is not guilty. [Defendant C] Defendant C is punished by imprisonment with prison labor for one year and six months.

However, Defendant C.

Reasons

Punishment of the crime

Victim R Co., Ltd. (hereinafter “victim R”) is a company that manufactures and sells trademark and golf uniforms, “S”, “T”, and “U”.

Victim V Co., Ltd. (hereinafter “victimV”) is a company that manufactures and sells W, X, Y, Z, “Z”, “A”, and “AB” trademark infant uniforms.

Victims R and V (hereinafter “victims”) are corporations with different legal personality, but they are controlled by the same person, and have their head office in Guro-gu Seoul Metropolitan Government and have human composition.

The written indictment is limited to RR Co., Ltd., but in light of the investigation record, R Co., Ltd. and V seem to be a different company as above.

Thus, the victims of the crimes of the defendants are different from each other.

It is inevitable to view the damaged person differently from the written indictment, and even if it is recognized differently from the written indictment, it is likely to put the damaged person at a disadvantage

Inasmuch as the victim cannot be seen, it is classified into R and V according to the contents of the Defendants’ crime.

Defendant

B worked as a managing director of the victim company from around 2002 to around September 2013, and was in charge of the overall management of the business.

Defendant

C around January 25, 1990 to August 26, 2013, the victim company was working as a computer director and logistics director, and was in charge of inspection of the status of operation of computer equipment, inventory management of department stores and agents.

Defendant

A, around April 19, 196, around June, 2012, worked as the team leader for the victim's "S" company, and was in charge of the agency's delivery and collection of goods.

Defendant

D worked as an accounting director of the victim company around March, 2003 to December, 2013 and was in charge of accounting and accounting affairs.

Defendant

E around August 1998 to September 2013, the director of the first division for the development of goods of the victim company was in charge of the production of the "S" product.

Defendant

F shall be the F in 209.

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