beta
(영문) 인천지방법원 2014.10.29 2014고단1856

업무상배임

Text

Defendant

A Imprisonment with prison labor for one year and for six months, respectively.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A worked as the vice president and the vice president of the “E-Limited Corporation” company, and as the general director of the Chinese factory (referring to the local president in China). Defendant B is a person who has worked as the managing director and the vice president of the Chinese factory.

From July 2012, the Defendants shall exercise overall control over the factory affairs in the Chinese factory of the above victim company located in the Madong-si F in China, and obtain a land permission for the 18,904 square meters (around 5,730 square meters) from the Chinese authority, the Defendants shall not borrow bonds in the name of the victim company for the purpose of paying street funds to the Chinese public officials from the representative G, auditor H, etc. of the victim company for the purpose of paying street funds, such as the 'the 'the 'the 'the 'the 'the 'the 'related', etc.,' and shall not borrow bonds in accordance with the direction if the Defendants were instructed not to pay large amount of funds for the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the '',' and even if there were duties that shall not be used for the 'the 'the '

7.20,000 square meters around 20,000;

7. Around 27.200,000 .. (the sum of KRW 1198,000,000) borrowed a 1.1 million bill, and around that time, it used both for the purpose of making it unclear the name-free Chinese public officials in China, such as street funds, etc., but did not prepare evidence on the 600,000 .

As a result, the Defendants conspired to obtain property benefits of 110,000 won (Korean KRW 198,000,000) from the above, and at the same time, the victims suffered property damage equivalent to the same amount.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal testimony of witness G, H and I;

1. Application of each prosecutor's protocol of statement to the Defendants (including the parts of each statement of I, G, and H) statute

1. Relevant Articles of the Criminal Act and Articles 356, 355(2) and 30 of the Criminal Act concerning the selection of criminal facts;