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(영문) 인천지방법원 2020.05.14 2019고단8769
업무상배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From February 2005 to March 2, 2017, the Defendant served in Geumcheon-gu Seoul Metropolitan Government (hereinafter “victim”) A Co., Ltd., Ltd. (hereinafter “C”) located in B building C. From January 2017 to the retirement date, the Defendant was in charge of managing the business activities and sales of the victim company while working as the head of the headquarters of the victim company from January 2017 to the retirement date. The victim company performs the so-called “hurler” role in receiving programs from F Co., Ltd., and selling them again to the desired companies to purchase them, and selling them after the follow-up management. The victim companies, including the victim company, publicly announced that the accelerator’s business activities against each customer do not overlap through the program called the G System, and the said F Co., Ltd has managed and coordinated the business records, program purchase status, etc. that each accelerator inputs input through the G System.

On December 2, 2016, the Defendant, while working as the head of the Victim Company’s Business Headquarters, provided “I wish to purchase the said E program” or “I wish to purchase the said E program” at the Victim Company’s Office on December 22, 2016, and provided “In the internal review of the said Company H on December 22, 2016, the Defendant entered the content of “in the internal review of the said Company H,” and provided products for the use of the E program in the Company H on January 2017.

In addition, around January 5, 2017, the Defendant entered the content of “A” into “H and Possibility 50% of the Co., Ltd.,” at the victim company office on January 12, 2017, when the license for use expires, and entered the content of “A” into the victim company office on January 17, 2017.

In such cases, the defendant can sell E program to H as the head of the victim company's business.

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