특정경제범죄가중처벌등에관한법률위반(배임)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged [Basic Facts] The Defendant was the representative director of M from January 2, 2012 to September 24, 2013; N was the director in charge of finance of P from June 1, 2003 to March 31, 2012; P was the head of the financial team of PO from January 26, 2004 to March 31, 2012.
M Co., Ltd. was the parent company of P Co., Ltd. and owned 100% of the shares issued by P Co., Ltd. around March 29, 2012. P Co., Ltd. owned 137,200 shares that amount to 70% of the shares issued by Q Co., Ltd. around March 29, 2012, correspond to 196,000 shares issued by P Co., Ltd. (R Co., Ltd.) and Q Co. was the second-tier company of M Co., Ltd.
M Co., Ltd., on March 29, 2012, approximately KRW 100 billion had been incurred, and it was a situation in which 2 consecutive years have been paid back to other places of money in order to be exempted from default due to the state of 19.4 billion (201.89.4 billion won, 201.28.5 billion won).
[Specific Facts of Prosecution]
A. The Defendant committed the crime against the victimO was the representative director of M, the parent company of M, the N, and P, who are the victimO, and the director or the head of the finance team of P in charge of the financial affairs of the victim company to preserve the victim company’s assets and to manage them with the duty of due care as a good manager. Thus, in case where M, the victim company, provided the stocks of Q, which are owned by Q, as a security to borrow money, there was a duty to secure sufficient security from M, the victim company, subject to the resolution
Nevertheless, the Defendant, in collusion with N and P, borrowed KRW 3.5 billion from T in order to raise funds to repay the debt, etc. of M in bad faith, around March 29, 2012 at the company T office located in Gangnam-gu Seoul S 1001.