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(영문) 의정부지방법원 2018.05.09 2017고단1845
업무상배임
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant is a person who, from February 2, 2013 to March 31, 2016, works as an English instructor and president of the F Language Institute operated by the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) with the two floors of the Government C building in the city from February 2, 2013 to March 31, 2016 and was engaged in the duties of English lectures, instructor management, student counseling, etc.

The defendant used the personal information of the students of private teaching institutes that are classified as business secrets in accordance with the contract for the consignment of the lecture prepared with the victim company for starting a new business, or received an additional allowance for non-commercial activities every month in lieu of not providing personal education to the students of the victim company at the time of termination of the contract, by setting up and operating the same kind of private teaching institutes and private teaching schools for high school students, or by hiring them in private teaching institutes and private teaching schools that operate the same kind of business in G, or by hiring them at the time of termination of the contract.

Therefore, when the defendant works as the president of a private teaching institute operated by the victim company, he/she has a duty to manage and operate the FFFFK in good faith for the benefit of the victim company, such as not going beyond the individual for the students of the private teaching institute.

Nevertheless, the Defendant worked as the president of the victim’s driving school from January 4, 2016 to February 20, 2016, and operated U and V private teaching institutes in U and V in the fourth floor of Telecommunication Building at the Government of the Republic of Korea from February 4, 2016 to March 30, 2016.

Accordingly, the Defendant, in violation of the above occupational duties, acquired the pecuniary benefits of KRW 6,600,00 and the tuition fees of KRW 4,987,00 for private teaching institutes and KRW 4,987,00 for the victim company, and suffered damages equivalent to the same amount.

Summary of Evidence

1.

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