The defendant is innocent. The summary of this judgment shall be notified publicly.

Some of the facts charged were corrected.

From November 17, 2015 to August 29, 2016, the Defendant was working as a business employee of the victim D Co., Ltd. (hereinafter “victim”) located in Busan Western-gu (hereinafter “victim”) from around November 17, 2016. Although there were occupational duties that should not make on the Defendant’s account any transaction belonging to the same type of company or limited liability company, the Defendant violated his/her duties and established a business entity that engages in the Defendant’s personal E’s frozen fishery products and fish wholesale retail business in violation of his/her duties without permission of the victimized company, and then, from around June 16, 2016 to around August 26, 2016, the Defendant purchased from the Defendant’s individual name the Defendant’s business entity’s name and supplied the Defendant’s economic benefits at least four times in total as indicated in the list of crimes in the attached Table, thereby acquiring the Defendant’s economic benefits from the Defendant’s purchase and distribution of the Defendant’s products.

Judgment

1. The crime of occupational breach of trust is established when a person who administers another's business in violation of one's duty and obtains pecuniary advantage or causes a third party to obtain it from another person due to such violation of one's duty, thereby causing property damage to the principal. Here, property damage includes not only where a real loss has occurred but also where a risk of actual loss of property has occurred. Determination of whether property damage has occurred should be based on legal judgment, not on legal judgment (see, e.g., Supreme Court Decision 94Do1375, Nov. 21, 1995). Such property damage has occurred.

The risk of actual damage to property that can be assessed is not sufficient to cause damage to the principal, and it is to the same extent as the damage to the principal has occurred from an economic point of view.