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(영문) 수원지방법원 2015.12.03 2013고단5386
업무상배임등
Text

A defendant shall be punished by imprisonment for three years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2] The Defendant, from July 6, 2005 to July 15, 201, served as the representative director of the Victim K Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Ansan-siJ from July 6, 2005.

Around June 30, 2008, the defendant, as the representative director, has a duty to manage the property, etc. of the victim company. However, from January 2008 to June 20 of the same year, the defendant violated his duty, and even from June 2008, the period from January 2008 to June of the same year, as well as from January 2008, the defendant, as if he had two employees dispatched by the victim company from L, which was the representative director, made the victim company to pay approximately KRW 16.22 million to the above L, which is the actual service cost for six months.

In addition, the Defendant’s list of crimes in attached Form from that time until May 31, 2011.

1. As indicated in the above list of crimes, the victim company had the victim company pay approximately KRW 91,676,380 in total to L Co., Ltd. for more than 32 times in the same manner as indicated in the above list of crimes, thereby incurring property damage equivalent to the above amount.

[2014 Highest 1842] (Occupational Embezzlement) The Defendant, while working as the representative director of the victim company from July 6, 2005 to July 15, 201, has embezzled the sum of KRW 313,294,475 as follows while exercising overall control over the business of preserving and executing the funds of the victim company while working as the representative director of the victim company.

1. On April 1, 2009, the Defendant, in the name of payment of benefits to M, instructed N of the head of the financial team at the victim company located in Ansan-guJ to pay wages of KRW 1,100,000 per month to his father who is not an employee of the above company, and ordered N to pay wages of KRW 1,100,000 per month from May 11, 2009 to July 10, 201.

2. A total of KRW 29,700,000 shall be paid over twenty-seven occasions, as described in the note.

2.

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