특정경제범죄가중처벌등에관한법률위반(배임)
Defendants are not guilty.
1. On January 16, 2015, the Defendants were sentenced to imprisonment with prison labor for six months for the crime of occupational embezzlement in the Daejeon District Court’s Incheon District Court’s Branch, and the said judgment became final and conclusive on January 24, 2015, respectively.
Defendant
A is the representative director of Chocheon-gu, Seoan-gu, the head office of which is located in Seocheon-gu, Seocheon-gu, and Defendant B works for the vice president from July 2012 to December 2012, and operated the victim company with Defendant A.
The Defendants were engaged in overall control over the management, production, and fund operation of the victim company at the time, and thus, there was a duty to protect the property interests of the victim company by not entering into a contract that may result in the victim company's burden or loss for his/her own or a third party's interest.
On September 25, 2012, the Defendants established a joint and several liability-related crime with respect to I Co., Ltd., Ltd. (hereinafter “I”) regardless of the victim company, in violation of the above occupational duties, and conspired to establish a joint and several liability-related company to purchase and operate land and its ground factory (hereinafter “I factory”) located in the window of Changwon-si, Changwon-si, the name of the above company, and 7.8 billion won out of the purchase fund, in order to facilitate the loan from the Gyeongnam Bank, in order to facilitate the loan.
Accordingly, as of November 8, 2012, the Defendants entered into a joint and several guarantee contract with the said bank to form a victim company as a joint and several sureties, when the Defendants entered into a loan contract with the creditor as the Gyeongnam Bank located in Changnam Bank as of 3.15, Changwon-si, Changwon-si, 2012.
Accordingly, the Defendants conspired to make I gain property profit equivalent to KRW 7.8 billion.