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(영문) 울산지방법원 2014.04.04 2013고단4090

업무상배임

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, the representative director of the F Co., Ltd. (hereinafter “victim”) is a person who has been engaged in the business of collecting monthly taxes, lending, and paying interest on real estate owned by the victim company after obtaining the victim company’s seal impression, certificate of personal seal impression, etc. from R, which is the victim company.

Therefore, the defendant has a duty to faithfully manage the real estate owned by the victim company with the due care of a good manager and increase or maintain its value.

1. On June 25, 2010, the Defendant filed for registration of the Ulsan District Court in Ulsan-gu, Ulsan-gu, Ulsan-do, U.S., U.S. and the part of the building on the I’s land and its ground to the public official in charge of the registration and the office of the Ulsan-gu, Ulsan-do, under the name of the public official in charge of the registration and the office, of the Ulsan-gu, Ulsan-do, under the name of the public official in charge of the public official in charge of the registration of the establishment of the right to collateral security on the said real estate, and filed for the delegation of the rights under the name of the forged victim as if the consent was obtained, with respect to the said real estate

Ultimately, the Defendant breached his duty to faithfully manage the real estate owned by the victim company with the due care of a good manager and increase or maintain its value, thereby causing property damage equivalent to KRW 130 million to the victim company by completing registration of creation of a collateral equivalent to the maximum debt amount of KRW 130 million with respect to the said real estate, thereby reducing the value of the collateral for the said real estate, and acquired property profits equivalent to the same amount.

2. On July 6, 2010, the Defendant, on Q and its ground part, of Ulsan District Court Q and Ulsan District Court’s registration and office, the Defendant was forged as if the Defendant obtained the consent even if he did not obtain the consent of R with respect to the establishment of the right to collateral security against the said real estate.