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(영문) 서울남부지방법원 2021.01.20 2020고단4480
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From March 12, 2019, the Defendant has been working as an employee in the victim E, an advertising agency in the Seoul Geumcheon-gu Seoul Building C-D. from around March 12, 2019.

Since the defendant is in charge of the business of soliciting and managing advertisers who wish to advertise in the victim company, such as F, etc., he/she has a duty to maintain an agency contract between the victim company and advertiser, and not to obtain personal benefits or to obtain profits from competitors using customer information acquired in the victim company while on duty.

Nevertheless, the Defendant decided to retire from the victim company on December 2, 2019, and agreed that the Defendant will transfer the advertiser under a contractual relationship with the victim company that the Defendant was under his management to the company to which he will be able to hold a new position. From December 6, 2019 to September of the same month, the Defendant notified the advertiser managed by the Defendant of the scheduled fact of retirement by telephone, etc., and recommended the transfer of the advertising agency rather than the victim company.

Meanwhile, around December 6, 2019, the Defendant first expressed his intention of resignation to the victim company. The victim company only delivered his intention to the effect that it is necessary to take over the business affairs to the Defendant, and did not consent to resignation or repair procedures, etc., but the Defendant was absent from office without permission from December 9, 2019, when working until December 9, 2019, and the Defendant was absent from office without permission from December 10, 2019, after working for the victim company as Seoul Gwangjin-gu Seoul Special Metropolitan City, an advertising agency, and the H company as an advertising agency, and then, from December 12, 2019 to December 12, 2019, applied for the transfer of the advertising company to the Internet portal site F to the advertiser managed by the Defendant.

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