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(영문) 서울동부지방법원 2015.06.24 2014고단3435
업무상배임등
Text

Defendant

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

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

[Defendant A is the representative director of Victim D Co., Ltd. (hereinafter “victim E”) from January 17, 201 to June 11, 2012. Defendant B is a director of the Victim Co., Ltd. from January 17, 2011 to June 11, 201, and Defendant B is a director of the Victim Co., Ltd. from January 17, 201 to June 11, 2012, who has overall control over the Victim Co., Ltd.’s business.

On May 15, 2012, the Defendants explain the necessity for transferring important property owned by the victim company to the board of directors and all the shareholders in the office of the victim company located in the F of the Ulsan-gun, Chungcheongnam-do, to explain the necessity for transferring important property owned by the victim company, accurately evaluate the market price of the property, and determine the sale price, and if it is impracticable for the purchaser to prepare the price, there is an occupational duty to prevent damage to the victim company, such as obtaining necessary collateral from the purchaser, etc., in violation of the duty, and do not accurately assess the value of the mining right without the resolution of the general meeting of shareholders. The entirety of the mining right (mining right registration number G, H, I, and J) which is important property owned by the victim company to the wife of the Defendant and the same purchaser of the Defendant B (the sale conditions shall be KRW 1 million in cash, KRW 183,732,000 in total, KRW 500 million in the maximum debt amount established in the victim company's overdue interest, and shall complete the transfer of ownership on June 1, 201.

As a result, the Defendants conspired to make K gain economic benefits from the market price and caused the same property damage to the victim company.

[Defendant A]

1. The defendant and B who entered false information, such as public electronic records, agree to jointly manage the victim company on the condition that 50% of management shares of the victim company are fully accepted.

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