특정경제범죄가중처벌등에관한법률위반(배임)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
From May 25, 2009 to November 16, 2010, the Defendant is the victim C’s representative director who takes charge of the overall affairs of the said company, such as business of new and renewable energy.
When the defendant borrowed KRW 2 billion from E, the representative director and the actual operator of the company, the defendant set up C as joint and several sureties, and had the mind to issue a promissory note in the name of C as security.
In such cases, the defendant has a duty to stand a joint and several surety following the resolution of the board of directors of the corporation C, and the corporation has a duty to ensure that C does not have property damage.
Nevertheless, the defendant, around November 18, 2009, borrowed KRW 2 billion from E to a joint guarantor, as if there was a resolution of the board of directors on the loan of KRW 2 billion from D Co., Ltd., the defendant forged the meeting minutes of the board of directors of C Co., Ltd., and on November 19, 2009, at the office of representative director of C Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government F, in borrowing KRW 2 billion from E Co., Ltd. using forged board of directors minutes as above, the defendant set up C Co., Ltd. as joint guarantor, and issued to E Co., Ltd. a promissory note of KRW 4 billion with the face value of Co., Ltd and D as joint issuer as security.
As a result, the defendant violated his duties, thereby causing C, a victim corporation, to incur property damage equivalent to the borrowed amount, and let D and E, a corporation, acquire property profit equivalent to the borrowed amount.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police officer in G; and
1. Application of each Act and subordinate statutes entered in a dividend table, each certified transcript of register, each of the board of directors’ meetings of the Seoul Eastern District Court;
1. Relevant provisions concerning facts constituting an offense;