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(영문) 대구지방법원 2018.07.13 2017고단1446
업무상배임등
Text

Defendant

A shall be punished by imprisonment for three years.

Defendant

A shall pay 12,00,000 won to the applicant for compensation order.

Reasons

Punishment of the crime

Defendant A, from around October 22, 2015 to around 1446, had 35% shares of the said company as a person who actually operated the I Incorporated Company from around 2, 2015 to around Cheong-do, Cheong-do, and owns 70,000 shares of said company. Defendant B is a person who manufactured and sold the shares of 35% as a representative director of C, which is located in the J of Gyeong-do, Chungcheongnam-do, Gyeong-do. Defendant B is a person who manufactured and sold the shares of said company.

1. Defendant A

A. The Defendant in occupational breach of trust, who actually manages the I Company by selling the I Company as a shareholder of the I Company Co., Ltd. (hereinafter “I Company”), was in charge of the overall business activities inside the Company, such as the management of the Company’s assets.

The defendant had a duty not to arbitrarily remove the assets of the I company or tangible real estate without the consent of the representative director or shareholders or sell them at low prices and cause damage to the I company.

On August 19, 2016, Defendant 1 sold KRW 2700,000 to L around 14:00 on August 19, 2016, 201, the market price of which is KRW 20,000,000 supplied by K by the above I Company, in violation of the above occupational duties.

Accordingly, the defendant suffered property damage equivalent to KRW 2 million, which is the market price of the Belgium attached to the victim I company.

(b) A person who intends to run a food manufacturing and processing business business shall register with the Minister of Food and Drug Safety or the head of a Si/Gun/Gu having jurisdiction over a branch office, a Special Self-Governing Province, for each type of business or each place of business, as prescribed by Presidential Decree;

On November 15, 2016, the Defendant was aware of the suspension of factory operation after receiving a short-term measure, which is a disposition of cancellation of arrears, from the Governor of the Korea Electric Power Agency on November 15, 2016, due to the difficulties in the operation of the said I Company, but he was released from her factory without permission on December 2016.

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