업무상배임
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. From June 25, 2012 to March 30, 2015, the Defendant served as the representative director of the victim Co., Ltd. (hereinafter “victim Co., Ltd.”) from around March 25, 2015. While there are occupational duties to exercise overall control over and manage the property and business of the victim Co., Ltd by complying with the duty of due care as a good manager as the representative director, on September 19, 2014, at the victim’s office located in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant filed an application for registration of collateral security (hereinafter “registration of creation of collateral security”) with the victim Co., Ltd. as the obligor of the victim Co., Ltd. with respect to three parcels of land, including D, E, F, etc., and its above-ground factory buildings (hereinafter “real estate”), and then filed an application for registration of collateral security (hereinafter “registration of creation of collateral security”) with the Defendant with the obligee for property damage in violation of the duty of property damage.
2. Summary of the grounds for appeal 1) Fact misunderstanding and misunderstanding of legal principles did not violate occupational duties, and there is an intention to illegally obtain the defendant.
The act of creating the instant collateral security shall not be deemed to have caused property damage to the victim company.
It is also difficult to see it.
2) The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.
3. Judgment of the court below 1 on the misunderstanding of facts and misapprehension of legal principles
The court judged the facts charged and found guilty.
2) The act of breach of trust with respect to the above deliberation is null and void by legal judgment
Even if the act of breach of trust is understood from an economic point of view, the risk of actual damage or actual damage to property occurs.