A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 1, 2012, the Defendant entered into an agency contract with the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) having its head office in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) on the non-destructive test-related business affairs, and operated the business in the manner that the Defendant performed non-destructive testing for each customer in the name of the victim Co., Ltd. while working as the director of the Ulsan-gu Office of Business for the victim Co., Ltd. located in the Nam-gu, Ulsan-gu, and

On April 2014, the Defendant concluded a contract with the victim company to terminate the existing business agency contract, and on May 1, 2014, the Defendant concluded a contract to transfer all businesses, such as the labor contract with the victim company, various inspection equipment owned by the Defendant, and employees belonging to the Defendant, to receive fixed benefits after being employed as the employee of the victim company, to KRW 385,00,000,000.

From around that time to August 2015, the Defendant engaged in non-destructive testing as the director of the U.S. place of business belonging to the victim company. Thus, the Defendant used the above equipment owned by the victim company and the employees such as I and J, etc. who are affiliated with the victim company, to perform non-destructive testing for the clients of the K company, etc., and to pay the service fees received from the clients to the victim company.

On the other hand, on April 30, 2014, at the time of the conclusion of the above labor contract, the Defendant entered into an agency contract with L Co., Ltd. (hereinafter “L”) for non-destructive testing-related affairs, without notifying the victim company of April 30, 2014, and, as an employee of the victim company, provided L Co., Ltd. with non-destructive testing stations using human resources and physical facilities of the victim company in violation of the above duties, provided them to the customer for non-destructive testing in the name of L, and

Accordingly, the defendant is the above.