업무상배임
Defendants shall be punished by imprisonment for six months.
However, for two years from the date this judgment became final and conclusive, each of the above defendants is against the defendants.
Punishment of the crime
[Criminal Justice] On July 16, 2014, Defendant B was sentenced to 8 months of imprisonment and 2 years of suspended execution due to occupational embezzlement at the Incheon District Court on July 16, 2014, and such judgment became final and conclusive around July 24, 2014.
【Criminal Facts】
Defendant
A was working as the person in charge of large-scale division of Victim D Co., Ltd. (hereinafter “victim”) from November 2005 to December 30, 2007. Defendant B, as a management director of the victimized Co., Ltd., was the employee in charge of the damaged Co., Ltd., and Defendant B, as a management director of the victimized Co., Ltd, was the employee in charge of the damaged Co., Ltd., and the employee in charge of the accounting affairs of the victimized Co., Ltd.
Defendant
On November 5, 2005, A and Defendant B promised to prepare a letter of delegation of management of the small president system and to operate the damaged company in good faith and in good faith. The purport is that “G and Defendant B, the representative of the victimized company, shall lead the damaged company as a whole to an efficient management, shall reduce the company’s liabilities by at least 10% per year based on the details of property evaluation as of April 30, 2005, shall be reduced by at least 10% per year, and all parts of the company and the credit amount to be incurred later shall be fully responsible to the financial guarantor.”
Therefore, Defendant A and Defendant B are guarantors who prepared the written financial guarantee as above, and Defendant A as a large assistant manager of the victimized company, Defendant B as the actual operator of the victimized company, and Defendant B should not incur damage to the assets of the victimized company, respectively.
Nevertheless, the Defendants and F conspired in violation of their duties and saved costs by directly purchasing parts from H by the victimized company, but Defendant A started to work for the victimized company. After the commencement of the work for the victimized company, the Defendants and F purchased the parts under Defendant A’s name and added approximately KRW 15% profits to the victimized company.