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(영문) 창원지방법원 2013.11.06 2013고단853
업무상배임등
Text

Defendants are not guilty.

Reasons

Defendant A, who worked as the head office of F University G (hereinafter “H”) of F University H Co., Ltd. (hereinafter “H”) located in Geumcheon-gu from April 20, 2009, was engaged in overall management of the corporation, such as entering into a contract with the foreign main office. Defendant B, from August 27, 2009, was engaged in the management and supervision of accounting, fund management, personnel affairs, etc. while working as the head office of F University G (hereinafter “H”).

1. The Defendants’ co-principal

A. The Defendants in occupational breach of trust concluded a contract at an appropriate price on behalf of the company, and concluded a contract from the relevant customer to receive the money in the name of the rebates, such as the payment for concluding the contract, and concluded a public offering to set the customs logistics agency at a higher price for customs clearance fees, etc. by changing the customs clearance agency from the company to the J company, thereby receiving the money in the name of

Accordingly, Defendant A, using the fact that most of the recommendations made by the Vietnam corporation with a well-known local circumstances at its head office, made it difficult for Defendant B to use I, a logistics company, by phoneing to the head office around October 2010, and requested Defendant B to change to another company. Defendant B introduced J’s representative at the office of Vietnam, which is located in the Vietnamn Republic of Vietnam, around January 5, 201, set customs clearance fees, etc. at a higher rate of 12.2% from January 31, 201 to August 31, 2012, and made transactions equivalent to KRW 16,617,436,501 (the Vietnam unit, approximately 910,636,000 won).

As a result, the Defendants conspired to obtain property benefits equivalent to KRW 2,028,030,856 ( approximately KRW 111,136,000) from the above J and suffered damages equivalent to the same amount as the victims.

B. The Defendants of breach of trust will make solicitation to the effect that the representative K continues to maintain the contract and set the fees for customs clearance, etc. at a higher level.

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