특정경제범죄가중처벌등에관한법률위반(배임)등
A defendant shall be punished by imprisonment for not less than one year and six months.
Of the facts charged in the instant case, the act of establishing collateral security.
Punishment of the crime
[criminal record] On April 26, 2005, the Defendant was sentenced to seven months of imprisonment for fraud, etc. in the Young-gu Branch of the Chuncheon District Court on August 13, 2005, and completed the execution of the sentence.
【Criminal Facts】
On March 21, 1987, the victim G limited partnership company (hereinafter “victim company”) was a corporation established for the purpose of leasing or leasing housing, etc., and owned 90 households as the assets of 1,008,00,000 won for the housing site and 90 households on June 25, 1991 (hereinafter “the apartment of this case”). Around June 25, 1991, the Korea Housing and Commercial Bank (Korean National Bank Co., Ltd., Ltd., and Korean National Bank, hereinafter “Korean National Bank”) established a collateral security of 1,008,00,000 won for the housing site and 90 households.
Around May 2001, the Defendant agreed to accept all of the shares of the damaged company in KRW 200,000,000 by the High Court with unlimited liability of the victimized company. On May 30, 2001, the J transferred the said shares to K and Defendant L's wife designated by the Defendant and the Defendant's wife.
L was the representative member of the victimized Company around December 12, 2003, and the Defendant actually operated and managed the victimized Company since that time.
L as a representative member of the damaged company, the defendant was a person who actually operates and manages the victimized company and has a duty to protect the damaged company's assets by faithfully performing his/her duties by exercising due care as a good manager.
1. The Defendant and L and M’s joint criminal conduct [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust)] are to exchange M with J, which had the general partner of the victimized company on December 21, 1990, the sum of 1,481m2,759m2,0000 square meters in total, which is 1,349m2 and 2,759m2,78m2,0000 (hereinafter the above forest and fields collectively referred to as “1 land”) owned by M and 1,349m2,000 square meters in total, Q 1,410m2,000 in total, and 2,759m2,000 square meters in each of the above forests and fields owned by J after the exchange