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(영문) 대구지방법원 2013.08.08 2012고단1496

업무상배임등

Text

Defendant

A Imprisonment with prison labor for eight months, for six months, for each of six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

[Status of Defendant A, B, and C] around March 1989, Defendant A entered the Victim F (Co., Ltd.) (hereinafter “victim Company”) located in Cheongbuk-gun, Cheongbuk-do, and was in office for about 23 years. From around 2007, Defendant A retired from the office around January 21, 2010 as the representative director of the Victim Company and the overall president of each affiliate company for three years. On June 25, 2010, Defendant A established a mutual legal entity called “D” (hereinafter “D”) with Defendant B, C, etc. and run the boiler manufacture and sales business from the Victim Company.

During that process, there was concern about the occurrence of loss in the victim company, and suggested the above D and M&A operated by the defendant A, and received 400 million won retirement consolation benefits in return for the transfer of the business assets of D(D 1) to the victim company and the implementation of D(D 1) to the victim company and received 250 million won.

Defendant

A around October 29, 2010, at the ASEAN-si, Chungcheongnam-si (hereinafter referred to as the “J”) established an affiliate company of the victim company, and was in office as the representative director. A was dismissed from the representative director due to the aggravation of the management of J around February 201, and the said J was manufacturing and selling boilers under the trade name D (hereinafter referred to as “D2”) at the K located in the Sinsan-si (hereinafter referred to as “D2”).

Defendant

B Around February 22, 199, he/she was employed as the director of the quality improvement team, such as entering the F, a victim company located in the Cheongbuk-do, and preparing and managing design drawings, in the research institute of the said company, and invested shares in D1 created by the Defendant A by withdrawing the said company around May 10, 2010, and performing the boiler design and manufacturing work together with the said company A, and as such, the said D1 transferred the boiler design and manufacturing work to J, he/she again conducted boiler design and manufacturing work in the J pursuant to the said A, and the said A started to conduct the business of D2, and thereafter he/she re-designed and manufactured the boiler under D2.

Defendant

C On January 3, 2007, the company entered F, a victim company located in Cheongdo-gun, Cheongdo-gun, and was boilered.