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(영문) 의정부지방법원 2018.02.01 2017고단4608
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 1, 2013 to July 31, 2015, the Defendant was working for the victim D (representative director E) corporation with Seoul Songpa-gu and 12 floors as a business employee in charge of purchasing and selling livestock feed (i.e., feed and research fees), and had a duty to conduct business on behalf of the company, such as securing customers and improving sales, and to conduct concurrent business or competitive business without consent of the victim company.

Nevertheless, on January 2015, the Defendant established “G” in the same type of business as the victim company in the name of F, a mother, using transaction partners and business information, etc. he/she came to know while working as the victim company as the business partner in violation of the above duties, and around that time, sold 10,246,125 won of the market price to the victim company Kim Sea Cooperatives, which is the business partner of the victim company, Kimhae-si, and sold 10,246,125 won of the market price from that time until July 2015, the Defendant sold 761,565,005 won of the total sales amount to 10 transaction partners, from that time until July 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Sales details by customer;

1. Details of letters and Kakao Stockholm letters (A, I);

1. A statement (J), a statement (K), and a statement (L);

1. The current status of transaction partners in 2015, D in 2015, and the current status of losses incurred in duplicate transaction in G in 2015 (regular data);

1. A copy of the ledger (G) of the Account, a copy of a supply confirmation, and the current status of duplicate sale and purchase transactions of G in 2015, D and G in 2015;

1. Copy of the business registration certificate (G);

1. The current status of D monthly sales in 2014 and 2015;

1. Written statements (E) and written statements (M);

1. Each electronic tax invoice and each (alternative) table;

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