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(영문) 인천지방법원 부천지원 2016.06.09 2016고정562
업무상배임
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From December 1, 2009 to October 30, 2015, the Defendant worked in the victim D, the Guro-gu Seoul Metropolitan Government building 1609, and was engaged in the duties of receiving orders from an advertiser who intends to advertise on the Internet portal site, and the Defendant was not obliged to transfer the advertiser account generated from the agency business (online and offline) to another company without the victim company’s prior consent.

Nevertheless, from December 2, 2015 to February 4, 2016, the Defendant posted a telephone to the advertiser who managed the company of the victim by telephone in violation of the above occupational duties, and solicited the advertiser who transferred the company of the victim to "whether he will move the advertiser account to another company because he/she moved to the company of the victim." The Defendant transferred the advertiser ID 40 account (in 27 accounts, 13 accounts) to the advertiser by moving the consented advertiser account to the company of E, a competitor of the victim company. At the same time, the Defendant received approximately KRW 70,000 per month from the above E and received approximately KRW 10,000 won per month from the victim company.

Summary of Evidence

1. The defendant's legal statement (the confession of the crime was made on the second trial date);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the POS business place of the labor contract and the investigation report (Submission of a statement of damage by facsimile);

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (2) of the Criminal Act, the selection of fines for the crime;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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