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(영문) 서울동부지방법원 2017.08.18 2016고단4393

업무상배임

Text

Defendant

A A The fines of KRW 5 million, the fines of KRW 300,000,000,000,000,000,000,000,000,000,000.

Reasons

Punishment of the crime

Around January 2009, J Co., Ltd. formed a consortium with L Co., Ltd. to select a store operator in K and selected as a business entity. Around November 3, 2009, the Han River Business Headquarters entered into an agreement with Seoul Metropolitan Government for eight years from November 3, 2009 to November 2, 2017, and operates a convenience store at 11 points, including K, as a store operator, according to the agreement.

Defendant

A is the representative director of the JJ of the above victim Co., Ltd. from May 15, 2012. Defendants B and C are the directors of the above company from May 15, 2012 to May 15, 2012; Defendant D is the directors of the above company from May 7, 2015 to the directors of the above company from May 7, 2015; and Defendant E is the auditors of the above company from May 15, 2012 to the officers of the above company who are responsible for the overall financial and business of the above company.

The articles of incorporation of J provided that the salaries of officers shall be determined by the resolution of the general meeting of shareholders, and since the regular general meeting of shareholders was rejected on May 15, 2012, there was no resolution for the increase of the salaries of officers.

Nevertheless, Defendant A, B, C, and E shall, in order to raise the remuneration for executive officers at the J office located in the third floor of the Seoul Special Metropolitan City Gwangjin-gu O building on June 15, 2012, consult with the general meeting of shareholders that the executive should be raised at will in violation of the occupational duty to be raised, and then, with respect to Defendant A, the sum of KRW 185,820,00 in total from June 15, 2012 to July 15, 2016, as shown in Appendix I, as shown in Appendix II, and KRW 63,720,000 in total from June 15, 201 to July 15, 2016; KRW 63,720,00 in total from July 15, 2016 to KRW 30,000 in total from June 15, 2012 to KRW 30,000 in Appendix III; KRW 305,615,6016.6