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(영문) 의정부지방법원 고양지원 2015.12.11 2015고합47
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The Defendants are not guilty. The summary of the judgment is publicly announced.

Reasons

1. Defendant A served as the representative of the victimized company from February 1, 2012 to June 30, 2012, via the victim F (hereinafter “victim”)’s business team leader and incidental table established for the purpose of developing and supplying software from around September 201 to January 31, 2012, and Defendant B served as the representative of the victimized company from around February 1, 201 to around June 30, 201, and the victimized company from around July 1, 201 to around October 15, 2012.

As above, the Defendants, as the representative or unregistered director of the victimized Company, had an occupational duty to conduct business activities and conclude contracts for the benefit of the victimized Company while performing the overall business of operating the victimized Company.

Nevertheless, around October 5, 2011, the Defendants established H with Defendant A for the purpose of developing software, which is the same kind of work as the victimized company (hereinafter “H”), and Defendant B, while serving as H’s employee, concurrently operated H. In the process of managing H, around March 13, 2012, the victimized company ordered “I homepage New Contract” in the amount of KRW 29,00,000,000, which was ordered by the victimized company for KRW 32,000,000 to H, thereby having H obtain profit equivalent to KRW 29,00,000, and caused considerable damage to the victimized company.

In addition, the Defendants concluded a contract equivalent to KRW 98,776,364 in total over 31 times, such as the statement in the attached list of crimes, with a total amount of KRW 998,776,364, or unfairly subcontracted a contract concluded with a victimized company to H, or had H acquire profits by having the employees of the victimized company obtain profits and caused damage to the victimized company.

2. The legal statement by J of the recognized witness, each prosecutor's office and police interrogation protocol, wage payment ledger, copy of register, and register of shareholders.

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