Defendant

A and B shall be punished by imprisonment with prison labor for three years and six months, and by imprisonment with prison labor for two years.

Punishment of the crime

Defendant

A As the head of the business team of the victim H Co., Ltd. (hereinafter “victim”) that produces and sells products of G (G; hereinafter “G”) such as black boxes and security cameras, a person who has overall control over domestic business affairs. Defendant B and Defendant C are the head of each damaged company’s business team and have been in charge of domestic business affairs.

As above, the Defendants, as the intermediate executives of the business team of the victimized company, should report and explain to the representative director I of the victimized company and the managing director J in charge of the business, and assist the said executives in promoting the business reasonably. Based on this, the Defendants have the duty to sell products in the most trade manner consistent with the interests of the victimized company.

However, the Defendants, while taking charge of the domestic business of the victimized company, established a new company at around September 2008 with the said I and J after being in charge of the said company, and traded with the victimized company in fact at the general market. However, as the said company directly purchases products from another victimized company as an agent of the victimized company, the Defendants, as if the said company directly purchased the products from another agency, were willing to take intermediate profits by means of resale to the domestic agency, at the above company established by the Defendants.

Therefore, on December 208, 2008, the Defendants violated their duties and establish a company called L Co., Ltd. (hereinafter “L”) with the Defendants and the above K as the shareholders, respectively, with K as the representative director under the name of Defendant B around December 2, 2008. In order to prevent the Defendants from being the actual operator of the above L from being discovered on the part of the victimized company, the said K manages the L, and around that time, the major sales items of the victimized company [M].