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(영문) 수원지방법원 2018.08.14 2017고단6939
업무상배임
Text

The defendant shall be innocent.

Reasons

1. On May 11, 201, the Defendant joined the Young-gu, Young-gu, Young-gu, and 408 Victim D Tax Accounting Corporation (hereinafter “victim D Tax Accounting Corporation”) as the head of the office, and overall control of tax affairs is over general affairs, and deposited on August 12, 2016, and thereafter joined the “E Tax Accounting Office”.

On the other hand, the Defendant joined the victim corporation on May 11, 201, when entering the victim corporation, “the delegated company shall not leave the delegated company from the delegated management of the D tax accounting corporation, and when violating this, he/she shall compensate 120% of the commission to the D tax accounting corporation on behalf of the relevant company’s captain.

In addition, on July 31, 2015, when the victim corporation was in office, he/she prepared a labor contract stating that "if the transaction information of the D Tax Accounting Corporation was leaked after his/her retirement or was used to conduct personal business, he/she shall be liable for damages of the D Tax Accounting Corporation, and shall be liable for civil penalty." Thus, the company that entered into a delegation contract with the victim corporation for tax payment shall not divulge the information of the company or use it for personal interest.

Nevertheless, the Defendant was acting on behalf of the victim corporation between August 2016 and January 19, 2017.

Along with F, 23 companies listed in the “corporate name” list of annexed crimes (hereinafter “instant companies”) had the victim corporation terminate the tax delegation contract with the victim corporation, and had the E-Tax Accounting Office and the Tax Agent Service conclude the delegation contract.

As a result, the defendant in violation of his duties obtains the amount of property benefits under the contract of tax delegation with the company of this case in the E-Tax Accounting Office, and act as tax agent with the victim company of this case.

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