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(영문) 광주지방법원 장흥지원 2015.07.16 2014고단230
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is in charge of management as a director of the victim-liability company E located in Jeonnam-gun, Seoul-do, which was established for the pension project. In fact, the defendant's wife F is the representative director of the victim company.

The victim company shall be the company in which the above F, the defendant's Dong Dong G, the 2,500 units of H, the 2,000 units of H, the defendant and I have invested each 1,500 units of the company, and according to the articles of incorporation of the company, the representative director shall notify each member of the meeting and the purpose of the meeting at least five days prior to the date set for the meeting and shall convene the meeting, and the resolution at the general meeting of members shall be adopted with the attendance of the members having more

Nevertheless, the Defendant and F, at the lower court’s place on December 2, 2012, in violation of the occupational duty that ought to obtain benefits corresponding thereto from the victim company in the event of offering the victim company’s property to another person as security. On August 2011, the Defendant and F, despite being aware of the death of the H around August 201, intended to exclude H’s heir and I by sending a written notice of convening a general meeting of partners in the name of the deceased H, and hold a general meeting of members to exclude H’s heir and I, and without obtaining any benefits from the victim company, did not intend to provide the victim company’s fraud with 21,612 square meters (hereinafter “the instant real property”).

After that, on December 28, 2012, F prepared documents related to the establishment of a collateral security, such as a written contract to establish a collateral security with a maximum amount of 14 million won, debtorJ, and mortgagee L, on the real estate in this case, at the office of a non-certified judicial scrivener located in Yong-gun, Chungcheongnam-gun on December 28, 2012, F made the employees of the above office complete the registration of establishment of a collateral security with the above contents of the real estate on December 31, 2012.

In this respect.

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