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(영문) 서울동부지방법원 2018.05.10 2017고단1427
업무상배임
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From August 7, 2014 to January 23, 2015, the Defendant, the only director of Seongdong-gu Seoul victim C Co., Ltd. in Seongdong-gu, Seoul, took overall charge of the management of the company’s assets as its representative director. The victim company was a corporation established as its main business purpose on August 7, 2014.

The defendant shall perform his duties faithfully with the representative director of the victim company in accordance with Acts and subordinate statutes and the articles of incorporation of the above company, and in lending the company's funds to another person, the defendant shall confirm the company's financial status and repayment ability, etc. and thoroughly examine the debtor's financial status and repayment ability, etc. and take measures to recover the loan. According to the Commercial Act and the articles of incorporation of the victim company, transactions between the victim company and the representative director

1. On September 19, 2014, the Defendant committed the crime of September 19, 2014, in violation of the above occupational duties at the victim company’s office, and transferred KRW 50 million to the bank account in the name of the Defendant, a representative director, without going through a legitimate resolution of the general meeting of shareholders, to the Defendant, without going through a legitimate resolution of the general meeting of shareholders. Accordingly, the Defendant acquired pecuniary benefits equivalent to KRW 50 million, and suffered damage equivalent to the same amount in the victim company.

2. From around September 26, 2014 to January 2, 2015, the Defendant violated the above occupational duties at the victim’s office on September 26, 2014, and did not have any substantial organization as a company, such as employees or business ability, and does not have any particular assets, to E Co., Ltd. (the Defendant, along with the representative director’s wife, holds 10% equity interest with the representative director’s wife) without taking measures to recover claims, such as collateral, and without undergoing a resolution of a legitimate general meeting of shareholders, to the said E as a loan, KRW 30 million.

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