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(영문) 수원지방법원 여주지원 2017.03.22 2016고단1169
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From June 25, 2012 to March 30, 2015, the Defendant served as the representative director of the victim C corporation. Although there was a duty of care to observe the duty of good manager as representative director and to exercise overall control over the property and affairs of the victim company, the Defendant: (a) at the victim company office located Songpa-gu Seoul on September 19, 2014, the victim company was the obligor of the victim company as to the building of the Da, E, F, F, 3 lots of land and its above-ground factories owned by the victim company; and (b) made a false statement with the maximum amount of 400 million won claims against the Defendant as the obligee and the power of attorney; and (c) made an application for registration of the establishment of the right to collateral security at the Jin-si registry to the effect that the Defendant violated the duty of management, thereby causing property damage to the victim company; and (d) the establishment of the maximum amount of the right to collateral security without the Defendant’s consent to the Defendant’s statement constitutes an act of breach of trust or pecuniary interests of the Defendant.

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to G;

1. Application of Acts and subordinate statutes to a loan certificate, a written registration, a notice of completion of registration, and a contract for creation of collateral security;

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the selection of criminal facts;

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