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(영문) 부산지방법원 2012.08.14 2012고단2

업무상배임등

Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Summary of the facts charged

A. Defendant A’s occupational breach of trust (1) is the representative director of E established for the purpose of dredging business in heading 605 of the Dong-gu Busan Metropolitan City D building.

On April 20, 201, the Defendant: (a) in violation of the occupational duty to exercise overall control over the company in accordance with the articles of incorporation, etc.; and (b) in order to promote F’s interest, the Defendant set up a collateral security (hereinafter “G” and “H”), which is a dredging line owned by his female as a security for KRW 120,000,000,000,000 in total of the maximum amount of the claim, to the 260,000,000 won.

As a result, the Defendant obtained F from F the pecuniary advantage equivalent to KRW 120,000,00, and caused the loss equivalent to the same amount to the said Company.

(2) On April 25, 2011, the Defendant prepared and issued a notarial deed under a monetary loan agreement with the debtor (ju)E in order to promote B’s interest in violation of the above occupational duties at the J office of law firm located in Busan International Building No. 105, Busan, and then borrowed 100 million won in violation of the above occupational duties.

As a result, the defendant acquired property benefits equivalent to 100 million won to B and suffered damages equivalent to the same amount to the above company.

B. On April 25, 201, the Defendants conspired to make false entries in the authentic copy of the authentic deed and the use of the authentic copy of the authentic deed to be recorded in the authentic deed in collusion. At the judicial office of the law firm in Busan International Building No. 105 on April 25, 201, Defendant A borrowed 100 million won from Defendant B for the purpose of business financing and bears an individual liability. However, Defendant A’s representative director (ju) E borrowed 100 million won from Defendant B on March 31, 2011, Defendant A made a notarial deed of money loan agreement with K to the effect that Defendant B has a claim of KRW 100 million against the said company.