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(영문) 부산지방법원 2018.11.28 2018고단1768
업무상배임
Text

Defendant

A Imprisonment with prison labor for ten months, for six months, and for four months, for defendant C, respectively.

However, the defendant A.

Reasons

Punishment of the crime

The victim D(Representative E) is a company that provides the company or the government offices with the construction and repair of the network security system, and Defendant B is from January 3, 2003 to October 31, 2016, Defendant C is from January 3, 2003 to November 1, 2016, Defendant A works as an employee of the victimized company from November 3, 2014 to August 31, 2016, and Defendant B and Defendant A are primarily in charge of the business or technical work, and Defendant C is in charge of the business and technical work.

1. Before joining the victimized company, Defendant A had been operating F Co., Ltd., a company in charge of the establishment, maintenance, and repair of the network security system as the same type of business as the victimized company, under the name of Defendant G. However, on November 3, 2014, Defendant A entered the victimized company without notifying the victimized company of the fact that the said company operates the same type of business as above, and became in charge of the victimized company’s business affairs.

The Defendant, as an employee in charge of the business affairs of the victimized company, violated the above duties, notwithstanding the fact that there was a duty to faithfully conduct the business related to the establishment and maintenance and repair of the network security system, and concluded a contract for maintenance and repair of the network with J on November 30, 2014, at the F Office of the HH building I Co., Ltd., Ltd., Ltd., the Defendant, entering into the K network maintenance and repair contract with the F Co., Ltd., which is not the victimized company, and performed the business related to the maintenance and repair of the network after entering into the contract with F Co., Ltd., Ltd., which is not the victimized company, and subsequently, acquired the pecuniary benefits of 53,610,500 won in total over 10 times from around that time until June 30, 2016, and caused damages equivalent to the same amount

2. Defendant A, B, and C’s joint crime is the head of the Busan Branch Office of the victimized Company, and the contract related to the establishment and maintenance and repair of the network security system for the victimized Company in Busan.

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