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(영문) 서울동부지방법원 2013.05.03 2012고정1776
업무상배임등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

From July 2008 to February 14, 2012, the Defendant is a person who is employed as a technical member of the victim D in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, and the fourth floor, and has been engaged in the duty of safety management on behalf of business partners.

A member of the Technical Committee, in response to the new transaction partners, visited the transaction partners each month at the same time to point out the problems of safety management and to provide safety education, etc., has duties to pay 3,000 won to each transaction partner for the benefit of the company by receiving agency fees from the transaction partner. In accordance with the principle of trust and good faith under the service regulations of the victim company, the defendant has duties to transfer to the policy and regulations of the corporation, to the business direction of the company

Nevertheless, around July 2011, the Defendant revised the rules of employment on retirement at the victim company to leave the job to E, a competitor company, by failing to comply with the above duties, as the Defendant’s retirement age was advanced around March 18, 2012.

On February 6, 2012, the Defendant: (a) visited G, the representative of the Plaintiff’s competitor company, Sungnam-si, 131-33, Sungnam-si, which maintained a transaction relationship with the victim company; and (b) visited G, the representative of the Plaintiff’s competitor company, by presenting safety proposal, etc.; (c) thereby allowing E to enter into a contract for safety management agency business with E without renewal of the contractual relationship with the victim company; and (d) tried to obtain the commission fee for vicarious performance with the victim company and inflict damages equivalent to the same amount of damage on the victim company; (c) however, the Defendant did not refuse it and attempted to achieve such intent.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement related H;

1. A complaint;

1. Application of a factual confirmation (ELE) statute

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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