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(영문) 대전지방법원 2015.02.12 2013고단4942

업무상배임

Text

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

Reasons

1. The summary of the facts charged is the actual operator of the Fund in charge of the settlement of the victim's losses (the change of each name to the Bank of Korea, July 19, 2010, and September 11, 2012, hereinafter "victim Company"). Defendant B works as the representative director and in-house director of the victim company, and Defendant A operated the victim company together with Defendant A, and Defendant C served as the vice-director and in-house auditor of the victim company.

As above, the Defendants conspired to sell machinery, such as a measuring instrument of the intermittent value owned by Defendant A and Defendant B, to the victim company in the course of increasing the assets of the victim company even though they have occupational duties to work as executive officers of the victim company and to manage the assets of the victim company well, in collusion with the victim company:

A. On September 15, 2009, at the victim's office located in Seo-gu Daejeon, Daejeon. Around September 15, 2009, the Defendants calculated the total value of the measuring instruments of this case at KRW 29 million, and the victim company entered into a contract with the defendant to purchase the measuring instruments of this case at KRW 29 million on October 12, 2009, by remitting the amount of KRW 29 million to the national bank account in the name of the defendant's bank account in the name of the defendant Eul managed by the defendant Eul to obtain property benefits from the victim company, such as four HT franchise meters and 10 years after the acquisition of the measuring instruments of this case (hereinafter "in this case").

B. At the same place on the same day, the Defendants, even though they had been employed prior to Defendant B, were given the tools, such as retirement allowances, and the consortiums, etc. (hereinafter the “instant tools”) with property value of KRW 7.1 million, did not reach the extent of KRW 7.1 million.