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(영문) 서울중앙지방법원 2016.05.09 2015고합1162

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant served as the general president of G Co., Ltd. (hereinafter “G”) from March 2008 to January 2012.

From February 2012, the president of the victim C Co., Ltd. (hereinafter “victim”) was the president, from March 2012 to October 201, the representative director was the representative director, and from July 2012 to October 201, H and joint representative director were in charge of the order of construction and fund disbursement of the victimized company.

I Land Partition Adjustment Association (hereinafter “instant association”) is the executor of the I Land Partition Adjustment Project (hereinafter “instant project”), and J Co., Ltd. (hereinafter “J”) was the executor of the instant project.

The Defendant promoted the instant business from January 201, which was the president of G, from around January 201.

However, the pre-paid cost is a large amount of cost, and the construction cost is a condition for the late payment, and thus the profitability or project outlook was not good, and the instant union was not operated normally on February 14, 2012, such as a request for a provisional disposition to suspend the performance of duties against K by the president of the partnership.

However, on March 22, 2012, the Defendant entered into a business agreement with J and L Co., Ltd. (hereinafter “L”) on behalf of the damaged company (hereinafter “the instant agreement”), and held a meeting of L Co., Ltd. on March 26, 2012, and promoted the instant project owner on behalf of the victimized company.

1. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes shall manage and preserve the property of the victimized company in good faith as the representative director of the victimized company, and shall make a decision after the resolution of the board of directors in case of raising a large amount of funds and guaranteeing the company, and shall not cause property damage to the victimized company by taking measures for collecting claims, such as being provided with sufficient security to recover the amount.

A. The Defendant, at M Co., Ltd., drafted a letter of performance of KRW 3 billion, and his father, Seoul around April 10, 2012.