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(영문) 인천지방법원 2015.09.03 2014고단9416
업무상배임등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who has served as the head of the operating division in Co., Ltd. E from October 24, 201 to December 31, 2012.

1. On November 27, 2012, the Defendant forged private document: (a) prepared and printed a written contract for transfer and takeover of business using a computer in the Defendant’s residence located in the Seo-gu Incheon, Incheon F, 101 Dong 904; (b) signed and printed the Defendant’s business title, the Defendant’s wife H seal; (c) sealed the Defendant’s seal; (d) sealed the Defendant’s corporate seal on the part of the Defendant’s office, the representative of “E”, and affixed the seals of “E” to the Defendant’s residence; and (e) prepared and printed a document, “the case of a request for approval to transfer rights and obligations to a third party” in the Defendant’s residence; and (e) sealed the Defendant’s corporate seal on the back of “E” office.

Accordingly, the Defendant, for the purpose of uttering, forged each copy of “a notice of request for approval to transfer rights and obligations to a third party” under the name of “E,” which is a private document on rights and obligations, and one copy of “a business transfer and takeover contract.”

2. On November 29, 2012, the Defendant, at the headquarters located in Guro-gu Seoul Metropolitan Government, exercised the following: (a) one copy of the notice of request for approval to transfer the rights and obligations to a third party; (b) one copy of the notice of request for approval to transfer the obligations; and (c) one copy of the “business transfer and takeover contract,” as if the document was duly formed, to a “K” employee under the name of the document.

3. Since the Defendant in occupational breach of trust worked as the head of the business division in the Victim E “E,” the Defendant had a duty to perform his duties in accordance with the principle of good faith so that the said company

Nevertheless, around November 29, 2012, the Defendant, in violation of the Defendant’s occupational duties, received from the victim company the right to supply goods to K Co., Ltd., with the content that the “G” company registered in the Defendant’s wife H’s name was acquired from the victim company.

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