업무상배임
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On May 16, 2017, the defendant's agent D prepared a summary statement that accepts the medical corporation E medical foundation from F, the agent of the above foundation, on the condition of subrogated repayment of all of the liabilities of the above foundation (such as the cost of land contribution).
On May 25, 2017, the Defendant agreed to take over a medical corporation E from G, the representative director of the medical corporation on May 25, 2017 (the date of the contract shall be February 7, 2016 retroactively), on the condition that the medical corporation would settle the fundamental property (land, buildings), liabilities (land price and construction cost) of the corporation, and paid 200 million won to the above F
On May 29, 2017, the Defendant decided to resolve all debts of the said Foundation 2.3 billion won, and if it is unable to resolve this, he/she shall resign the representative director and deliver to F a letter of intent to revert the amount of partial repayment to the said Foundation, and he/she was appointed as the representative director of the said Foundation.
On June 29, 2017, the Defendant paid KRW 150,000 to the said F, in addition, pursuant to the above agreement.
As the representative director of the above Foundation, the defendant should not incur any loss to the Foundation as a good manager while taking charge of all the affairs such as asset management of the Foundation, such as assets, bonds, and debts.
The defendant paid 350 million won to F is a contribution to the foundation to take over the above foundation and repaid the construction expenses of the above foundation in accordance with the above foundation's acceptance agreement. If so, it is reasonable to view the above 350 million won as the property of the defendant's investment in the above foundation, and it is not the obligation that the above foundation bears to H with the money that the defendant personally borrowed from H to take over the above foundation.
On July 11, 2017, in order to secure the Defendant’s personal repayment of H at the notary public JJ office located in the Nam-gu Incheon Metropolitan City, Incheon, in order to secure the Defendant’s personal repayment of H, the issuer E Medical Foundation A’s representative director, and the 400 million fake promissory note shall be issued to H, and a fair deed shall be issued.