업무상배임
Defendants are not guilty.
1. The summary of the facts charged in the instant case is the representative director of the Victim E, a company with overall control over its business, who mainly engages in the manufacture and sale of the elderly program, optical records media, parts, and products, and Defendant A is the director of the Victim E.
Defendants shall undergo a resolution of the board of directors in the case of disposal and transfer of important assets, and in the case of sale of important assets for business purposes, despite a special resolution of the general meeting of shareholders, in violation of these occupational duties, the Defendants were willing to sell important assets for business purposes to F Co., Ltd. with which Defendant A is a director in order to pay wages and retirement allowances. On May 3, 2011, the Defendants paid machinery and equipment listed in the attached list of crimes (hereinafter referred to as “instant machinery”) under the name of Defendant F Co., Ltd. for the purpose of selling them to F Co., Ltd. for business purposes, including 24,030,396 materials, and collection machinery and equipment for business purposes, under the pretext of the resolution of the board of directors and the special resolution of the general meeting of shareholders, for the purpose of selling them to F Co., Ltd., and selling them to F Co., Ltd. for business purposes at KRW 40,00,000,000 for the purpose of paying wages of employees and retirement allowances.
As a result, the Defendants conspired with the victim to inflict property damage equivalent to the amount of continuing business value on the victim, and acquired profits equivalent to the market value of the unclaimed fixed assets.
2. The intention of the crime of breach of trust is established when it is combined with the perception that the person administering another's business would inflict property damage on the principal and that the intention of his or a third party's financial gain is in breach of his or her duty, and the fact that constitutes a subjective element of the crime of breach of trust (such as intention and motive) is the defendant.