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(영문) 부산지방법원 동부지원 2018.11.14 2017고단2736

업무상배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 18, 2016 to April 7, 2016, the Defendant is a director of the victim’s “corporation B (hereinafter “victim’s corporation”) for the purpose of establishing and operating medical institutions to improve the quality of life of persons with disabilities, and a person who is working as the representative of the said victim’s corporation from around April 8, 2016 to around the date.

As a director or representative of a victim corporation, the defendant has an occupational duty not to inflict any property damage on the victim corporation by performing his/her duties with the care of a good manager in performing the duties of the victim corporation.

Nevertheless, around May 15, 2016, the Defendant entered into a false contract with employees F of the above E and the Victim Foundation to purchase medical equipment equivalent to KRW 200 million, and to pay the purchase price upon entering into a lease agreement with financial rights and interests. On May 30, 2016, the Defendant entered into a lease agreement with the above Victim Company’s office to pay approximately KRW 6.3 million monthly for 36 months for G Co., Ltd and the above medical equipment at the office of the above Victim Company, and transferred KRW 20 million to the bank account in the name of the Defendant under the above lease agreement around May 31, 2016. The E representative H transferred KRW 197 million, excluding KRW 3 million, to the bank account in the name of the Defendant.

As a result, the Defendant violated his duties, thereby obtaining property benefits equivalent to KRW 197 million to I, and KRW 3 million to E, and suffered property damages by bearing the same amount of debt to the victim corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Statement made by each prosecutor on K, L, M, F, H, and N;

1. A letter of notarial deed (a written agreement, .