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(영문) 인천지방법원 2016.01.21 2015고단2046
업무상배임
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged is that the Defendant, from August 2012 to October 31, 2014, worked as a business employee of the Victim D Co., Ltd. located in Incheon Gyeyang-gu, Incheon, and engaged in the business of the delivery and business of the ice C, and is obliged to manage the customer in good faith so that the victimized company can continue to maintain transaction relations with the customer that is supplied by the victimized company.

Nevertheless, the Defendant, who presented more working conditions, had 8 business owners of the victimized company, such as “F M”, “G”, “H E”, “J”, “J”, “K E”, “L”, “L E”, “L E”, and “M”, were asked 8 business owners of the victimized company to complete transaction relations with the victimized company and to receive the ice cream delivery from the said E, upon the Defendant’s request that the 8 affected company deliver the ice cream, in violation of the occupational duty to faithfully manage the customer of the victimized company.

As a result, the Defendant acquired financial benefits equivalent to the annual sales of 120,312,306 won to E Co., Ltd., and suffered losses equivalent to the same amount in the damaged company.

Judgment

The facts charged in this case are the premise that the act of requesting the change of the defendant, who was a business employee managing the business partners of D, to E, while leaving his/her position, to the business partner he/she left his/her position, constitutes a breach of trust against D.

However, according to the witness N,O, P, Q, R, S, and T’s legal testimony and the results of the Defendant’s examination, the ice Forest Distribution Company, such as D or E, concluded a retail chain supply contract, and most of the ice Forest Distribution Company, entered into a retail business supply contract, and did not prepare a contract or set a contract term.

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