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(영문) 창원지방법원 통영지원 2019.09.19 2018고단1447
업무상배임등
Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

During the period from April 2, 2007 to December 31, 2015, the Defendant, as the representative director, took overall charge of the overall management of the victim company and the fund management affairs as the representative director in the victim C Co., Ltd (hereinafter “victim Co., Ltd”).

1. Since the defendant in occupational breach of trust is the representative director of the victim company, and the articles of incorporation of the victim company provide that "the remuneration for the executives shall be determined by the resolution of the general meeting of shareholders", there was a occupational duty to determine the amount of remuneration for directors by convening the general meeting of shareholders

Nevertheless, on January 2008, the Defendant paid KRW 3,940,295 as remuneration for one month to D who is an internal director without a resolution of the general meeting of shareholders in violation of his duties at the victim company office's office, thereby obtaining property benefits equivalent to the above amount, and suffered property damage to the victim company.

In addition, from that time to November 2013, the Defendant paid KRW 407,077,241, total sum of 707,077,241 won to D, an in-house director, such as the list of crimes (attached Form 1) in the same manner as above, from that time, the Defendant acquired property benefits equivalent to that amount, and the victim suffered property damage equivalent to that amount from the victim company. From February 2008 to September 2015, the Defendant paid KRW 650,345,087 in total to E, an in-house director, as shown in the list of crimes (attached Form 2), to obtain property benefits equivalent to that amount, and from February 2, 2008 to September 2015, the Defendant acquired property benefits equivalent to the total amount of KRW 87,55,000,000 to the victim company, as stated in the list of crimes (attached Form 3). From February 2, 2008 to September 2015.

2. Occupational embezzlement;

(a) by private use of corporate cards;

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