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(영문) 서울서부지방법원 2016.09.23 2016고정203
업무상배임등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From June 29, 2011, the Defendant is a person who works as a joint representative director for C Co., Ltd. (hereinafter “victim”) and has overall control over affairs such as customer management, contract conclusion, and fund management.

The Defendant, on behalf of the Defendant, expressed a proposal that “The damaged Company would like to display the electric vehicle charging machine (EV I-charer) selected as the design of D as the design of D’s product,” which is a German design contest, to “IF display agency contract.” The Defendant, upon receipt of the proposal that “IF display agency contract, I would like to personally honor the profits arising from the said display agency.”

Although the Defendant had a duty to enter into the above agreement with the Defendant’s spouse under the name of the victimized Company, the Defendant breached his duty and caused the Defendant’s spouse’s “G” to enter into the above agreement with the Defendant’s spouse on October 1, 2014 on the vicarious display of the said agreement (hereinafter “the instant agreement on the display of the agreement”), thereby having the said G acquire KRW 6750,000 for the benefit of the display of the said agreement and suffered damages equivalent to the amount of the said agreement to the victimized Company.

2. On November 28, 2014, at the office of Mapo-gu Seoul Metropolitan Government C Co., Ltd., a Co., Ltd. located in H, the Defendant publicly insultingd the victim by openly insulting the victim by saying, “A victim I, the joint representative director of the said company, without the consent of the victim, demanded the Defendant to prepare a written confirmation of facts by three staff J, etc. who participated in the project that the Defendant personally proceeded.” In the process of the above J, etc., the Defendant said the victim’s statement to the effect that “I will not see the patient’s kis, weather, sar, and sarbing that the hospital would be the patient if she is f

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A certified copy of company registry;

1. BMW i Domestic Filling Design Development Contract (hereinafter referred to as the “BM”) one counsel’s opinion.

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