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(영문) 수원지방법원 성남지원 2017.09.28 2016고단4057
업무상배임등
Text

1. Defendant A shall be punished by imprisonment for two years.

2. Defendant B shall be punished by imprisonment with prison labor for not less than ten months.

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendant A’s occupational breach of trust is the victim G Co., Ltd., located in Seongbuk-gu, Sungnam-si, from around September 2006 to the victim G, who entered around October 2007, and Defendant B entered around around October 2007 and worked as the deputy team leader with respect to Defendant B from around June 2013 to the same team leader’s written indictment.

However, according to the evidence duly examined by the court below, this seems to be a clear clerical error.

As a result, the game program has been engaged in the production of sound source while working in each country.

According to the above victim's bylaws, the defendants have a duty to concentrate on their duties during working hours, and without prior approval of the company, they have a duty not to engage in duties or profit-making activities other than the company's business, to engage in secondary or double employment, or to establish and operate a separate company.

Nevertheless, the Defendants breached their occupational duties to comply with the above rules.

A. around December 4, 2010, at the Gangnam-gu Seoul Samsung-dong Business Office, entered into a service contract with Defendant A to produce “I” game music sources under the name of Defendant A’s wife, and the staff of the victim company J had the victim company carry out the above service using the company equipment at the victim company’s office, etc., and in return, received the service payment of KRW 13 million from the Gao Game Business Co., Ltd. around early 201 to the above H account under the name of the above H. From around May 13, 2014, from that time, until May 13, 2014, the victim company employees and K had the victim company carry out the off-site service unrelated to the company’s business.

B. On April 2014, Defendant A continued to receive an investment to establish “N” a game producing business chain through L and M, which was in the name of L, and Defendant A was a representative in the name of L. Defendant A’s 40%.

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