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(영문) 의정부지방법원 고양지원 2019.09.09 2019고단1228

배임

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant is a person who served for the C Limited Liability Company in Vietnam from October 26, 2009 to December 2014.

The Defendant, a representative director of D, invested USD 517,750 in total from October 27, 2009 to May 14, 2012 due to the supply of raw materials, etc., and was in charge of the relocation and overall management of the factory in the process of moving the shot factory operated in Vietnam F from May 14, 201 to Vietnam. due to restrictions on the purchase of land by foreigners, the Defendant lent the above factory to the victim, who is unable to register the above factory in his/her name, the local wife of the Defendant, to the victim, who is the local wife of the Defendant, and accordingly, the above factory was registered as a personal business entity of G around February 28, 201, and was changed to the limited liability company of G around July 19, 2012.

As such, the above factory is a factory established with the sole investment of the victim, and the defendant did not have invested funds in the above factory. Upon the victim's request, the above factory was held only in the name of G, which is one of its local situations, while operating the above factory. Thus, there was a duty to faithfully keep and manage the above shares until D, which is a local corporation in Vietnam, completed the establishment of a local corporation in Vietnam, and is able to transfer its ownership.

Nevertheless, around August 29, 2014, the Defendant received KRW 180,000 from H in violation of the above duties and entered into a contract with H to transfer 49% of the shares of the said C Limited Liability Company (Capital: KRW 2,400,000,000, approximately KRW 12,000,000,000 in Vietnam, and KRW 12,000 in the Republic of Korea) at the office of the said C Limited Liability Company located in Vietnam, and received KRW 80,00,000 from the K Bank account (L) under the name of J, a domestic account by the Defendant, around August 19, 2014 and deposited KRW 60,00,000 in the same account around October 15, 2014.

In this respect.