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(영문) 수원지방법원 안양지원 2019.08.22 2018고단1519
업무상배임
Text

Defendant

A Imprisonment with prison labor for eight months and for one year, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 2, 2014, Defendant B was sentenced to one year and six months of imprisonment as a crime of occupational breach of trust at the Suwon District Court, and three years of suspended execution, and the judgment became final and conclusive on March 19, 2015. On June 17, 2015, the same court was sentenced to one year of imprisonment as a crime of occupational embezzlement, two years of suspended execution, and the judgment became final and conclusive on December 25, 2015. On September 1, 2016, the same court was sentenced to eight months of imprisonment as a crime of occupational breach of trust and became final and conclusive on November 24, 2016.

【Criminal Facts】

Defendant

A is a person who was in office as the representative director of the Si of Mapo City from July 22, 2003 to September 2012, 201, and who was engaged in handling the whole business of the company and managing the whole fund of the company. Defendant B was an in-house director of the victim company from July 23, 2003 to August 23, 2004 at the time of establishment of the victim company, and was an investor and the actual owner of the victim company thereafter.

On June 16, 2008, the Defendants conspired and delivered 120,162,210 won in total to F in the same manner, as indicated in the attached list of crimes, from November 15, 201, to F in the name of F as if the Defendants were to work regularly in the name of F as if the Defendants were to work in the name of F in spite of their actual working in the victim company even though they did not work in the victim company.

As a result, the Defendants conspired to manage the funds of the victim company in good faith, thereby obtaining financial benefits equivalent to 120,162,210 won in total from the F, and causing damage equivalent to the same amount to the victim company.

Summary of Evidence

1. The witness G and the witness A of each statement in the second written protocol of Defendant B among the first written protocol of the trial of Defendant A among the written protocol of the trial of the first time.

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