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(영문) 서울북부지방법원 2015.10.06 2015고단352

배임수재

Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

[Status and previous convictions] Defendant A was sentenced to the suspension of the execution of two years and six months in Seoul Central District Court on October 11, 2013 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and was decided on May 17, 2014 by the said judgment, and was the representative director of the FF corporation who is the representative director of the company.

Defendant

B was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Seoul Central District Court on October 11, 2013 and became final and conclusive on June 26, 2014, and was the representative director of the G corporation from December 28, 2009 to October 12, 2010.

【Criminal Facts】

1. As the representative director of the FF corporation, Defendant A had a duty to prevent the company from damages by sufficiently examining the purpose and validity of disbursement of funds, conditions of provision of funds, etc. through internal procedures, such as resolution of the board of directors, and making decisions carefully, as well as by providing adequate and adequate means of recovery of claims, such as provision of adequate and adequate security.

On January 13, 2010, the Defendant was given an illegal solicitation to demand a loan of KRW 6.7 billion in the name of the F to obtain a loan of KRW 14.7 billion in the name of the G in order to obtain a loan from the large mutual savings bank from B, etc., the representative director of the G company, through I, who is the director of the Suwon Savings Bank, from the Defendant’s office located in H in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, Seoul.

Accordingly, on February 18, 2010, the Defendant violated his duties and received a loan of KRW 6.7 billion in the name of the F as of the end of 2009, the total amount of assets of which was 2.9 billion, from the large mutual savings bank located on the fourth floor of the Gyeongwon Building in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and provided KRW 6.7 billion to the above G on condition that the said G would repay its loans and interest, and in return, the Defendant provided the above G with KRW 6.7 billion.