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(영문) 인천지방법원 부천지원 2014.03.07 2013고단2549
업무상배임
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment has become final and conclusive.

Reasons

Punishment of the crime

The Defendants’ occupational Defendant A worked as the head of the sales division from March 2010 to May 30, 2012, who received orders for hepatitis, etc. from the victim (ju) who is for the purpose of printing fibers from March 2010 to May 30, 2012.

Defendant

B is a person who served as the head of the production division related to green-art printing at a hot water plant located in Bupyeong-gu, Seoul Special Metropolitan City from May 30, 201 to May 30, 2012.

Criminal facts

Since the Defendants, as employees of the victim company, had a duty to prohibit competitive business, the Defendants had a duty to receive orders from the victim company for the account of the victim company.

Nevertheless, Defendant B violated the above occupational duties and asked Defendant A to borrow the name for the establishment of the company in the name of the company established by Defendant B, even though he was in the victim company, and Defendant B was willing to receive the same intent as that of Defendant B’s “F company,” and Defendant B was aware of such intent and conspired to receive approximately 10% of the sales amount if Defendant B received and delivered the same intention in the name of F company.

Defendant

A around April 1, 2012, A introduced Defendant B to the H Vice-head of G (State) with respect to the IF orders, and Defendant B sent IF printing samples to G (State) and entered into a verbal agreement with G (State) on the IF orders, and on May 1, 2012, established “F Company, a printing company,” a printing company, a printing company, by lending the name of his wifeJ to continue its own business operations in the future. On May 4, 2012, after receiving an order from G (State) in the name of “F Company,” received an order from G (State), supplied the said FF orders to G (State) on June 13, 2012, and supplied the said FF orders to G (State) for the business account from G (FF) in the name of G (State) to 37,575.75.75.5.75.57

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