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The defendant shall be innocent.
Reasons
From March 22, 2010 to January 16, 2018, the Defendant was working as the representative director of victim D Co., Ltd., and was engaged in overall duties of the victim company. From September 9, 2015 to January 16, 2018, the Defendant was working as the inside director of E Co., Ltd. and actually operates the said company.
On February 13, 2017, the Defendant filed an application for a loan of KRW 500,000,000 with G Bank in the name of G Bank in order to prepare the mechanical cost of the Company E, and concluded a mortgage contract of KRW 600,000,000 with the maximum amount of the bonds offered as security to the above bank in the name of the victim company, the Defendant entered into a mortgage contract of KRW 653,00,000 with the maximum amount of the bonds offered as security to the above bank in the name of the victim company, and on the same day, completed the registration of the establishment of the mortgage with the debtor as the corporation, E and the person holding the right to collateral security as the above bank, thereby obtaining pecuniary benefits of KRW 500,000,000 with the amount of the
As a result, the defendant had E, a stock company, obtain pecuniary benefits equivalent to KRW 500,000,000, and suffered pecuniary loss equivalent to the same amount from the victim company.
Non-crimes
1. If a director, etc. of a company, while lending corporate funds to another person, knew that another person has already lost his/her ability to repay his/her debt and subsequently lent funds to him/her, he/she would incur damage to the company, or he/she merely lent funds without taking reasonable and reasonable measures to recover claims, such lending of funds is an act of allowing another person to gain profit and causing damage to the company, and such act constitutes a breach of trust against the company. The director of the company cannot be exempted from the liability for the crime of breach of trust solely on the ground that it is a management judgment, and such other person is an affiliate of the financial support company.
subsection (1) of this section.
(b) an enterprise;