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(영문) 서울동부지방법원 2016.06.16 2015고합369
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant, as an affiliate company B around December 21, 201, was appointed as the representative director of the wholesale market corporation victim C Co., Ltd. (hereinafter “C”) that mainly engages in consignment, wholesale, and storage of agricultural and fishery products, and has been in charge of final decision-making and execution of major policies concerning overall management, such as company’s personnel affairs, finance, and funds.

D Co., Ltd. (hereinafter “D”) was incorporated into B affiliate around the end of December 201 as an agricultural company that mainly engages in the production, purchase, and sale of agricultural crops, and was incorporated into B affiliate around the end of the year, and was prepared up to KRW 3,803,00,000 as of June 30, 2012 due to the extreme aggravation of financial circumstances and management conditions due to the fraudulent acts of former management, restrictions on State subsidies, termination of supply contracts with former business partners, etc., and the total amount of liabilities exceeded KRW 3,230,000,000, and the total amount of assets exceeded KRW 2,170,00,000 as of December 31, 2012, as of December 31, 2012, the audit report by an external auditor was prepared that the total amount of liabilities exceeded KRW 8,292,00,000,000, and the total amount of assets exceeds the total amount of assets.

In this situation, C was highly likely to not recover funds when lending funds to D, and the defendant was well aware of the poor financial structure and poor financial standing of D.

Therefore, in order to lend C's corporate funds to D, the defendant, the representative director of C, has a duty to take appropriate measures so that C does not incur property damage by comprehensively examining D's business prospects, cash flow, repayment ability, repayment plan, possibility of normalization of financial structure, etc., and by preparing claims recovery measures such as being provided with sufficient security, and if it is impossible to prepare such claims recovery measures, there was a duty to choose not to provide funds.

Nevertheless, the Defendant has such occupational duties.

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