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(영문) 서울중앙지방법원 2017.02.02 2016고합525
배임수재등
Text

The defendant shall be innocent.

Reasons

1. Acceptance of property in breach of trust;

A. A summary of the facts charged 1) H and I’s advertising agency selection and L and I’s L and L will jointly select an advertising agency for J products and K products on October 201. From October 20, 2010 to November 1, 2011, four companies (L, M, N, andO) were selected through a first evaluation (L, L, N, andO advertising agency) from around November 25, 201 to around November 1, 201, and three companies (L, M, andOB) other than N, who given up participating on November 25, 2010.

B) On December 30, 2010, H andO entered into an advertising agency contract with H andO to perform the advertising agency business as of December 30, 201, and the H andO entered into the advertising agency contract with the O as of December 201. ① Exclusive agency fee set and payment for employees exclusively in charge of H’s advertising, ② Basic contract term shall be one year, but the advertising agency shall be classified into A and F grade for each quarter, ③ differential payment of incentives based on the results of the evaluation, ③ extension of one year of the contract term when the cumulative assessment grade for each quarter is at least B was the main contents of the advertising agency contract.

C) The Defendant, as the head of the marketing office from March 201 to January 201, in charge of the duties related to the selection of the advertising agency, took charge of the Defendant’s selection of the advertising agency from March 2010 to January 201, and participated as the examiners of the second competition pulse when selecting the advertising agency. From February 201 to February 2013, the Defendant, as the head of the marketing headquarters, took overall charge of the duties related to the advertising agency contracts, such as quarterly evaluation and extension of the contract.

2) The Defendant, prior to the selection of an advertising agency, made a solicitation from P on November 201, 201, is an advertising agency with the aim of O prior to the implementation of competitive pulse test for the selection of an advertising agency as above.

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