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(영문) 수원지방법원 2020.08.20 2020고단134

업무상배임

Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. In 1950, Group B is engaged in business in the fields of fibers, petroleum chemistry, finance, media, infrastructure, leisure from around 1950, and its affiliates are D Co., Ltd. established for CATV broadcasting business, etc. for the purpose of manufacturing and selling synthetic fibres, E Co., Ltd. established for the purpose of manufacturing and selling synthetic fibres, E Co., Ltd., and F Co., Ltd. established for tourism and leisure business (hereinafter “C”) established for the purpose of CATV broadcasting business, etc.

On August 30, 2011, H established a membership golf course with the trade name of "J" at the Icheon-si, Gangwon-do. The president of the Group B and his family members owned 100% of the shares. On May 31, 2013, H was merged into G Co., Ltd. with the above K president and his family members holding 10% of the shares.

On the other hand, around May 7, 2014, the Group B was dispatched staff from each affiliate for the purpose of business support, such as management strategy, personnel affairs, finance, external cooperation, legal affairs, and public relations of the Group, and organized B Group management planning office on the 9th floor of Jongno-gu Seoul Metropolitan Government Lbuilding.

2. From May 7, 2014 to the present date, the Defendant was in office as the head of the B Group’s management planning office, and was in charge of overall business activities, such as management strategies, personnel affairs, finance, external cooperation, legal affairs, and public relations. M was in office as the head of the B Group’s management planning office from February 2015 to April 7, 2016 and was in charge of group’s financial affairs according to the Defendant’s direction, and N was in office as an employee of the B Group’s management planning office from May 7, 2014 to the present date, and was in charge of group’s financial affairs according to the direction of the Defendant and M.

3. From 2012 to improve the business performance of a golf course, the Minister of Trade, Industry and Energy issued gift certificates, such as KRW 500,000, KRW 1200, KRW 1700,000, and KRW 1.7 million, and the affiliates of Group B issued external public relations activities and welfare benefits.