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(영문) 서울중앙지방법원 2015.10.08 2015고단1876

업무상배임

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a representative director of the victim J (hereinafter “victim”) corporation from July 16, 2010 to July 16, 2013, who has overall control over the business of the Defendant.

In relation to the entry into the cosmetics Mak Factor Business, the Defendant was requested to request L to request the joint and several sureties to provide a joint and several sureties, while the Defendant consulted with L of the representative director of K Co., Ltd. (hereinafter “K”) that is a Mak Factor manufacturing company from August 2012.

Meanwhile, from September 24, 2012 to September 24, 2012, the victimized company reviewed the △△△ History, not K, as a Maspact manufacture.

【In the event that the representative director of the victimized company guarantees the obligations of another company in the name of the victimized company, the defendant shall confirm the financial status of the other company which is the principal debtor in advance and if the other company deems that he is capable of repaying the obligations, joint and several liability shall be provided. If the financial status of the other company is not good, the victimized company shall take measures such as receiving sufficient security from the other company to ensure that it does not cause or minimize property damage due to joint and several liability, and when joint and several liability is provided, he/she shall take measures to relieve the victimized company from joint and several liability due to the change, etc. in the financial status of the other company, and he/she

Nevertheless, the Defendant, around October 11, 2012, issued one convertible bond with the face amount of KRW 190,400,000 as an underwriter of a new bank from the branch office of the Central Financial Center in the Gangnam-gu Seoul Central Financial Center by taking over a new bank from the new bank, which is located in the Hague in the Gangnam-gu Seoul Metropolitan Government, the Defendant violated the duty of representative director as a representative director and caused damage to the Defendant.