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(영문) 인천지방법원 2011.05.12 2010고단4661
업무상배임
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From October 1, 2007 to May 8, 2009, the Defendant worked as the vice president who exercises overall control over advertising business and media management at the victim D Co., Ltd., the fourth floor of the Seocho-gu Seoul Metropolitan Government C Building.

In such a case, the defendant should be allowed to make an advertisement for the above company, and the defendant's or a third party's account should not make a transaction belonging to the same kind of company or act for another company's interest for the same kind of business.

Nevertheless, the Defendant, in violation of his/her duties, concluded an advertising agency contract under the name of the advertising agent E, and entered into an advertising agency contract with F in the name of F in the name of E,65,000 won (excluding value-added tax) after receiving a request for advertising from F, a company F, which had engaged in advertising agency business with the victim company on April 29, 2009 (hereinafter “F”), and received the amount of KRW 1,65,000 equivalent to 10% of the sales amount as an advertising agency fee from F in the name of E.

Accordingly, the defendant acquired property benefits equivalent to KRW 1,665,00 and suffered damages equivalent to the same amount from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses G in the third protocol of trial;

1. Third police suspect interrogation protocol against the accused;

1. Determination on the defendant's opinion and submission of documentary evidence (not more than 231 pages of investigation records) and defense counsel's assertion

1. In a situation where the claimed F is under an advertising agency contract with the victim regardless of the need for a separate contract period from the victim company, not only voluntarily requesting the victim company to act on behalf of the defendant instead of the victim company, but also also requesting the defendant to act on behalf of the victim company. Around that time, since the defendant already expressed his/her intention to resign in the victim company, the intention

2...

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