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(영문) 서울중앙지방법원 2013.08.14 2013고단61
업무상배임
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who, from around December 30, 2010 to May 26, 2012, works as the representative director of the “E” corporation (hereinafter “victim company”) that is the victim specialized in character education in Gangnam-gu Seoul, Gangnam-gu, Seoul, as the representative director of the “E” corporation (hereinafter “F”), and has overall control over the affairs, such as corporate fund management.

On July 7, 2011, the Defendant entered into a business license acquisition agreement with the president of the HAE, an incorporated association located in 402, Seoul Special Metropolitan City, the GAE (hereinafter “Association”) to transfer all intellectual property rights and educational programs of the Defendant Association to KRW 100 million. On July 15, 201, the Defendant transferred KRW 30 million of the funds of the victim company to the agricultural bank account in the name of the Association.

Around August 1, 2011, the Defendant continued to enter into a content supply contract with I, which provides that the victim company shall be granted the right to use for five years for the Association’s educational program, and that the victim company shall be granted a fee of KRW 120 million,00,000,000 to the same account for the remainder of the acquisition price of the above business right and the remainder of the above usage fee, and the amount of KRW 50,000,000 for the same month was additionally transferred to the same account, respectively.

When the Defendant concludes and pays the above business license acquisition agreement and content supply contract, the above content supply contract is merely an incidental agreement, and its substance is merely an incidental agreement and the Defendant’s individual, not the victim company, took over the entire business rights of the Association, but disbursed the total amount of acquisition price with the funds of the victim company. The victim company paid the user fee in advance for a prolonged period of five years for the content for which the business necessity is not sufficiently verified, and without any particular price negotiation, paid a increased amount of KRW 20 million as the initial contract amount, and as the parent company of the victim company, 100% shares as the parent company of the victim company.

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