업무상배임
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who served as the chairperson of the Victim C clan from October 2010 to January 2017 (hereinafter referred to as “victim clan”) and was in charge of the management, enforcement, etc. of the property owned by the Victim clan.
The defendant has a duty of care as a good manager to manage and preserve the property owned by the victim of the clan so that he/she does not infringe the interests of the victim of the clan.
Nevertheless, around December 2010, the Defendant opened a pledge to KRW 600,000,000 from the secretary general of the office of the attorney-at-law in which he works as the secretary-general of the office, “The husband has opened and lent business funds needed to operate a motor vehicle transaction business” upon request. On December 22, 2010, the Defendant offered the pledge to KRW 480,000,000,000 for the victim’s financial assets of the family deposited in the bank account in the name of the Defendant (Account NumberF) in the name of the Defendant, and 400,000,000 won for the victim’s financial assets of the family, which are deposited in the bank account (Account NumberF) in the name of the Defendant.
On June 201, the Defendant accepted the above E’s request from the above E that “The limit of withdrawal of the passbook with a shortage of money shall be increased to KRW 100 million.” On December 20, 2011, the Defendant cancelled the establishment of a pledge on the above financial assets of the victim’s clans deposited in the regular deposit account (Account Number H) established in the name of the Defendant, and set a pledge on KRW 600 million on the amount of financial assets of the victim’s clans deposited in the bank’s regular deposit account (Account Number H) established in the name of the Defendant, and offered to E the amount to KRW 500 million.
As a result, the defendant, as the chairperson of the victim clan, has the E obtain a total of KRW 500 million property interest in violation of his/her duties twice as above, and has the victim clan suffered a property loss equivalent to the same amount.
(i) the evidence;