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(영문) 청주지방법원 제천지원 2019.03.21 2018고단303

배임

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B A corporation is a corporation established on November 30, 201 for the purpose of housing construction business, real estate sale business, etc. and promoted C City Development Project. A defendant is a person who was appointed as an inside director of the company at around March 22, 201 and was in office as a director or representative director of the company at around June 8, 2017.

Around May 2, 2011, the Defendant: (a) received delegation from D, the representative director of the foregoing company, and transferred 7,500 shares of the foregoing company owned by D (25% equity ratio) on or around May 30, 201; (b) if the victims owned shares in their names or another person’s name together with the victim E, victim F, and the victim were held in a lump sum and were designated as an urban development area, the Defendant agreed to be distributed to the victims and the defendant according to their contributions; and (c) if the urban development area is designated, the facts charged are stated as follows: “If the Defendant held shares and shares to be acquired in a lump sum by the victim and shares to be acquired in the future and the designation of the urban development area is made, the Defendant agreed to re-distribution them.” However, it is more correct as stated in the main text of the performance memorandum following the amendment.

1. The shares currently held by each person shall be held in a lump sum (company or corporation).

2. A written statement of implementation of the allocation of shares by standing director (F, A, and E director) after consultation on contribution quotas (three persons) was made, and around November 201, the victim E’s shares 13,500 shares (45% shares), G shares 3,00 shares (10% shares), and H shares 1,500 shares (5% shares shares) were transferred on October 8, 201, and H shares 1,50 shares (5% shares) were transferred on the part of the victims on the part of the victims.

Therefore, the defendant's total shares are 25.5 until the permission for designation of the C urban development zone is granted in accordance with the agreement with the victims and the statement of performance.