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(영문) 부산지방법원 2019.08.14 2017고단4539

업무상배임

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who was working as an executive director of the Victim B Co., Ltd. (hereinafter “victim”) from February 2014 to August 25, 2016.

On October 2014, the victim company ordered 15.3 billion won from Haman Co., Ltd. to “D Corporation,” and C demanded the victim company to submit performance bond for the E-mutual aid to ensure the implementation of the said structure.

However, in order for the victim company to obtain the performance bond from the E-Financial Cooperative, physical collateral was required, and F, the representative director of the victim company, delegated the defendant with the business of purchasing real estate to the E-Financial Cooperative as collateral.

Accordingly, the Defendant introduced the third floor (hereinafter “instant real estate”) of the Daegu-gu I building owned by H from G known to Pyeongtaek (hereinafter “the instant real estate”) and agreed to purchase the instant real estate between G and G that represented by H on September 13, 2013 with the maximum debt amount of KRW 135,60,000 (13,000,000,000,000) awarded a successful bid for KRW 1330,000 in the auction procedure of real estate rent on September 13, 2013.

However, the Defendant proposed that G would raise the purchase price of the instant real estate in KRW 200 million, and promised to exchange KRW 200 million with G that accepted it with the purchase price of the instant real estate.

After that, on October 10, 2014, the Defendant, who is the representative director of the victim company, acquired the secured debt (13 million won) of the right to collateral security instead of taking over the secured debt (13 million won) against F, who is the representative director of the victim company, 200 million won.