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(영문) 창원지방법원 진주지원 2016.04.20 2015고단661
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On November 18, 2014, the Defendant was sentenced to a suspended sentence of two years on one-year imprisonment with prison labor for a crime of false accusation in the branch court of the Changwon District Court, and the said judgment became final and conclusive on November 17, 2015.

The Defendant served as the representative director of D Co., Ltd. (hereinafter “instant company”) located in Gyeongnam-Gun C (hereinafter “instant company”) from August 11, 2011 to November 28, 2014.

At the time when the establishment of the instant company was promoted due to the demand of the South Sea group that it is necessary to establish a company for profit-making business in connection with the issue of permission for the E ticket sales business, there was a conflict of opinion between the Seoul Metropolitan Government divided owners and the South Sea divided owners, and was in charge of general affairs on behalf of the South Sea.

The F oppose the division of shares by divided owner after the incorporation of the Company, the F ultimately did not divide shares by divided owner through consultation, but F would acquire 50% of shares in the capacity of joint representative director of the Company of this case. After the incorporation of the Company, F would receive the consent of land use in the name of the divided owners necessary for the permit of each ticket business from the divided owners in South Korea.

In the process, the Defendant, who had a conflict of opinion regarding the operation of funds, had a 50% of the remaining shares of the company of this case, had a 50% stake in the operation of the company of this case, had the F divided shares to the divided owners at the time of incorporation of the company of this case, and had the F voluntarily acquired shares in the name of F. The Defendant had the intent to make a false statement to the police.

1. The Defendant, as a co-representative of the instant company, thought that F was unable to operate the company according to the meaning of the Defendant, because he owned 50% of the shares as a co-representative of the instant company, and that F was willing to report false information about F to an investigative agency for the purpose of having the Defendant punished.

On July 10, 2012, the Defendant is the Changwon District Prosecutors' Office, which is in the other Dong-dong around Jinju-si.

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