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(영문) 의정부지방법원 고양지원 2018.08.10 2017고단3238
업무상배임
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The facts charged against the victim B (representative C) is a corporation established for the purpose of publishing books, etc., and D (the suicide on September 30, 2016) is a person who served as the head of the production and management office of the above victim B Co., Ltd. and was engaged in the management of the outsourcing company. The defendant is a person who operates the "F" that supplied the victim Co., Ltd. with the E SP book.

D In managing an outsourcing company while working for the victim company, if you enter into a supply contract with an outsourcing company, they would make the most beneficial profit to the company and have a duty to transfer the benefit therefrom to the victim company.

Nevertheless, D, in violation of its duties, when entering into a contract to receive gambling from the “F” operated by the Defendant on September 2013, it proposed that the Defendant deliver the E-T-do price of KRW 1,600-1,700 above the unit price set by the Defendant to KRW 2,450 above the unit price set by the Defendant, and the Defendant agreed to supply the E-T-do price of KRW 2,450 to the victim company with knowledge that D would have to obtain personal benefits by violating its duties as an employee of the victim company, while having been aware that the above unit price was lower than the unit price set by the Defendant.

Accordingly, from September 2013 to December 2015, the Defendant supplied the Victim Company with KRW 167,000 (2,450 won in a unit price from September 2013 to October 2014; KRW 2,250 won in a unit price from November 2014 to December 2015) and received KRW 39,8950,000 in a supply price from the Victim Company.

Accordingly, in collusion with D, the Defendant acquired the benefit of KRW 13,6760,000,000 (per 870,000 won per gambling house) and KRW 11,69,000,000 (per 700,000 won per gambling house) from the above supply price in violation of his duties and caused the damage equivalent to the same amount to the said victim.

2. Determination:

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