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(영문) 의정부지방법원 2018.06.20 2017고단2225
업무상배임
Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant A, the same shall apply for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B was found to have been in charge of pharmacy business on June 15, 2016 by the victim D Co., Ltd., and the defendant A, upon introduction of the above B, served as the head of the team who was in charge of inventory management including customer management in the above D, including the claim of credit sales and the recovery of credit sales claims, entry and exit, and warehouse management, and retired from the office around November 2015.

The Defendants may create a company with which those who are in charge of the business, sales, etc. of the victims can trade the same product as that of the products sold by the victims in order to supply the products of the victims to the company, and supply the products of the victims to the customers of the victims and the same business entity, thereby blocking and reducing the opportunities of the victims to sell the products, and shall not make personal profits or inflict damage on the company using the business information, etc. known to them in the course of their business activities.

Nevertheless, while serving as an employee of the injured party, the Defendants established a new company for the injured party’s active importation and sale of the E-based plastic products, and supplied the said company with salt E, sold the said products to the injured party’s customers, pharmacies, drug wholesalers, etc., and conspired to acquire economic benefits, and made a company engaged in the wholesale and retail trade of functional health foods by changing the company F to H on November 12, 2014, with the fact that the said company sold the said products to the injured party’s customers, pharmacies, drug wholesalers, etc.

Afterwards, the Defendants re-assign the following period: (a) half of the price (89,700 won per gambling house) at a pharmacy supply unit (44,850 won per gambling house) on April 10, 2015; (b) supply E, equivalent to KRW 57,339,000, to H Co., Ltd. from February 9, 2015 to November 19, 2015; and (c) supply E, etc. to H, from February 9, 2015, to November 19, 2015.

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