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(영문) 인천지방법원 2014.11.05 2014고합518

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From May 2008, the Defendant’s status and duties were as follows: (a) from around May 2008, as affiliated companies of the E Group that substantially controlled the management of D, the Defendant was responsible for the management of the Company, and was responsible for the management of the said E Group’s representative director.

As such, the defendant is in charge of the management of the company while leading the representative director of (F) who is the victimized company. In addition, the defendant has a duty to refrain from making an excessive disbursement of expenses incurred in operating the victimized company or making an excessive disbursement of expenses to the injured company, etc.

2. Criminal facts;

A. On October 1, 2010, the Defendant in occupational breach of trust related to the payment of management consulting fees did not need to obtain full-time consultation from (ju)Gs on the part of the Defendant, and (i) Gs are not equipped with certain human and physical facilities necessary for consulting, and (ii) Gs are aware of the lack of the ability to provide practical consulting, such as giving advice on the improvement of management of the victimized company, but in violation of its duty, paid KRW 5,00,000 to (ju)Gs as management consulting fees.

In addition, from that time until December 1, 2013, the Defendant paid a total of KRW 195,00,000 to G 39 times as shown in the attached list of crimes, thereby obtaining property benefits equivalent to that of the same amount from (ju)G by paying a total of KRW 195,00,000 as management consulting fees, and suffered property damage equivalent to that of the same amount to the victimized company.

B. (State) Around December 2011, the Defendant in breach of occupational breach of trust with respect to the increase in the capital for consideration to H, the Defendant was requested by the affiliate to share its expenses in order to exhibit the photographs taken by the D president from the D’s (State), the representative director of the GG, in the Muar Museum. (State) Around December 201, the Defendant was requested to provide the F’s photograph taken by the D’s president at the time of (State) H to receive and sell

However, as of the year 201, the F amount of capital of 3.3 billion won, while the liabilities of the F amount to 3.1.8 billion won.