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(영문) 서울북부지방법원 2019.01.17 2017고정2264
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 January 2015 to July 31, 2015, the Defendant served as the head of “D” online women’s clothes shopping mall operated by the victim C located in Jung-gu Seoul Metropolitan Government, and was engaged in the overall management of shopping malls, such as sales, advertising, management of employees, etc.

On June 20, 2015, the Defendant, at the above “D” office, tried to organize all employees due to the difficulties in the financial situation of the company, and received the notice of dismissal from the victim, and received the order of dismissal to stop advertising expenses through open markets such as E, F, G, etc. In such a case, the Defendant, who was in charge of general management of shopping malls of the victim company, was in charge of managing advertising expenses to open markets such as E,F, and G with the consent of the victim, had a duty to preserve and manage the company’s property by performing the duty of care of a good manager upon performing the duty of care of the victim for selling the company’s products.

Nevertheless, the Defendant: (a) around that time, prepared a business preparation for the operation of the same kind of shopping mall after opening the same business shopping mall; and (b) used the sum of KRW 22,431,560 by using the victim’s deposit money and math Capital kept in the open market without the victim’s permission on June 24, 2015 to use the victim’s company’s money and 1,394,119 advertising expenses to E and F without the victim’s permission; and (c) from that time until July 31, 2015, the Defendant arbitrarily used the victim’s money and math capital, including F, E, and G, which are kept in the open market, as indicated in the list of crimes; and (d) used the victim’s money and 22,431,560 won for advertising expenses without the victim’s permission.

As a general manager of the shopping mall of the victim company, the defendant has acquired financial benefits equivalent to 22,431,560 won in total in F, E, and G, which are advertising clients in violation of his duties.

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