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(영문) 대전지방법원 홍성지원 2018.05.30 2018고단291

업무상배임

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and B of the criminal history of the crime committed committed the following acts: (a) accepting the “victimed Agricultural Partnership D” in Hongsung-gun, Hongsung-gun; (b) accepting the obligation of the victimized Corporation without actually investing the funds; and (c) raising the acquisition fund by providing real estate owned by the victimized Corporation as collateral to borrow a considerable portion of the acquisition fund; (d) taking office as the representative director of the victimized Corporation; and (e) soliciting the Defendant to take office as the representative director of the victimized Corporation; and (e) concluding an underwriting contract with the

Accordingly, on December 12, 2016, the Defendant acquired 30% of the shares of the damaged corporation and takes office as the representative director. On December 14, 2016, the Defendant entered into a contract for the transfer and acquisition of the shares of the damaged corporation to the buyer, and one of the existing members of the damaged corporation E to the seller.

After that, the Defendant violated his duties despite the occupational duties of a good manager to preserve and manage the property of the victimized corporation with the duty of due care to maintain the balance of the capital of the victimized corporation as the actual transferee of the victimized corporation and to prevent any infringement on the interests of interested parties such as shareholders, creditors, etc., the Defendant, along with B around May 17, 2017, borrowed KRW 29,230,000 from G from the Namdong-gu, Incheon, and from May 17, 2017 to KRW 29,2330,000 (14,230,000,000,000 won, and the remaining KRW 15,30,000,000,000 won, and paid KRW 330,000,000,000,000,000 won as to the maximum amount of the claim against G on the ground of H, I, J, and K).

As a result, the Defendant, in collusion with B, violated his occupational duties, acquired pecuniary benefits equivalent to KRW 390 million, and caused property damage equivalent to the same amount to the damaged corporation.

Summary of Evidence

1. The defendant's statement in court;